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    106/1973 - 07-03-1973 Income Tax
    Instructions for deduction of tax at source from interest on securities during financial year 1973-74 at the rates specified in Part III of First Sche...
    538/CBDT - 04-03-1973 Income Tax
    Exemption u/s 80C - deduction allowed from taxable income or combined income - clarification
    519/CBDT - 28-02-1973 Income Tax
    TDs from payments to contractors, vide publicity to be given.
    518/CBDT - 28-02-1973 Income Tax
    Compliance of statutory requirement for tds u/s 194C
    517/CBDT - 28-02-1973 Income Tax
    Income-tax Officer while issuing certificate under section 222 in the case of firm should also mention the names of the partners of the firm.
    516/CBDT - 27-02-1973 Income Tax
    Under-charge of sur-tax due to deduction of tax on excess dividends.
    515/CBDT - 26-02-1973 Income Tax
    Where the contracts of service of foreign technicians are approved by the Government of India (in the administrative Ministries concerned), it is open...
    514/CBDT - 24-02-1973 Income Tax
    Refund, period of limitation of three months, how to compute
    513/CBDT - 23-02-1973 Income Tax
    Revision of orders, prior approval from Inspecting Assistant Commissioner
    512/CBDT - 23-02-1973 Income Tax
    Remuneration received by a Member of a State Legislature (i.e. Assemblies and Councils) will also be assessable as 'income from other sources' under s...
    105/1973 - 23-02-1973 Income Tax
    Requirement of filing declaration under section 184(7), as amended by Taxation Laws (Amendment) Act, 1970, within time allowed under section 139(1)/(2...
    511/CBDT - 22-02-1973 Income Tax
    Completion of cases reopened u/s 146 and application of limitatiion us/ 153(2A)
    104/1973 - 19-02-1973 Income Tax
    Wife or minor child of individual incurs loss, which if it were income would be includible in income of that individual - Whether such loss should be ...
    510/CBDT - 17-02-1973 Income Tax
    Declaration of dividend and super-tax
    509/CBDT - 17-02-1973 Income Tax
    Issuance of refunds as a result of appeal
    508/CBDT - 17-02-1973 Income Tax
    Money value of free treatment not table in the hands of Members of Parliament or Government Servants and Members of the State Legislatures.
    103/1973 - 17-02-1973 Income Tax
    Meaning of industrial company under Explanation to section2(7)(d)
    507/CBDT - 16-02-1973 Income Tax
    Share income from the partnership firm - liability of partner - initiation of penalty
    506/CBDT - 12-02-1973 Income Tax
    Sending of reports by commissioners after receipt of Audit Report from C&AG
    No. 3/73 - 03-02-1973 Companies Law
    Name of company - Publication of – Whether share certificate is an official publication within the meaning of clause (c)
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    Circulars
    All› 1973
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    106/1973 - 07-03-1973 Income Tax
    Instructions for deduction of tax at source from interest on securities during financial year 1973-74 at the rates specified in Part III of First Schedule to Finance Bill, 1973
    Show AI Summary
    Tax deduction at source on interest requires prescribed rates, applicable exemptions, certificates, and rounding rules for payers.
    Deduct income tax and surcharge at prescribed rates from interest on Government securities from April 1, 1973, distinguishing residents and non residents and domestic and non domestic companies; accept operative exemption or abatement certificates and apply certificate specified rates; do not deduct where exemptions apply for specified Bonds, National Defence Loans, designated National Savings Certificates, small holding resident individuals who declare low income and nominal holdings, and exempt Central corporations; round tax fractions to nearest rupee and consult Income tax Officer in doubt.
    538/CBDT - 04-03-1973 Income Tax
    Exemption u/s 80C - deduction allowed from taxable income or combined income - clarification
    Show AI Summary
    Deduction under Section 80C limited to payments made from income chargeable to tax; mixed-account payments conditional.
    Deduction under Section 80C is confined to payments made out of income chargeable to tax; payments that cannot be correlated to taxable income in the relevant year are not eligible. Contributions from mixed accounts are allowable only to the extent taxable income exceeds the payment, whereas payments from exclusively non-taxable sources, Provident Fund withdrawals, or loans are inadmissible.
    519/CBDT - 28-02-1973 Income Tax
    TDs from payments to contractors, vide publicity to be given.
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    Tax Deduction at Source on contractor payments requires publicity and departmental compliance to secure uniform withholding.
    The Board directs extensive publicity of the withholding obligation under Section 194C due to observed failures to deduct tax at source on payments to contractors, and requires that Government Departments be specifically notified and engaged to ensure uniform implementation, with acknowledgement of receipt.
    518/CBDT - 28-02-1973 Income Tax
    Compliance of statutory requirement for tds u/s 194C
    Show AI Summary
    Tax Deduction at Source compliance required for contractor payments; assessing officer must enforce collection and penal action.
    Tax Deduction at Source obligations under section 194C and Rule 37(2C) require the assessing ITO to ensure collection, enforce statutory deduction requirements and take penal action for defaults. Branches may use challans from local ITOs for payment to Government accounts provided the challans clearly indicate the payer's PAN and the designation of the assessing ITO to enable correct credit and reconciliation. Any conflicting instructions from Commissioners must be withdrawn or modified and intimated to the Board.
    517/CBDT - 28-02-1973 Income Tax
    Income-tax Officer while issuing certificate under section 222 in the case of firm should also mention the names of the partners of the firm.
    Show AI Summary
    Certificate under section 222 must identify partners so recovery proceedings can validly proceed against firm members.
    Certificates issued under section 222 naming only the firm, and not the individual partner, do not permit recovery proceedings against that partner because the term "defaulter" is limited to the assessee named in the certificate; the Income-tax Officer may amend an issued certificate to include a partner's name, and the Board directs officers to include partner names in certificates for firms to enable Tax Recovery Officers to proceed.
    516/CBDT - 27-02-1973 Income Tax
    Under-charge of sur-tax due to deduction of tax on excess dividends.
    Show AI Summary
    Deductibility of income tax on excess dividends not allowable for company surtax, prompting review of completed assessments.
    Deduction of income-tax on distribution of excess dividends is not allowable when computing chargeable profits for the Companies (Profits) surtax; Revenue Audit identified under-charges where this exclusion under Rule 2(i)(b) was not applied, and officers are directed to review completed assessments and report, ensuring corrective action is not time barred.
    515/CBDT - 26-02-1973 Income Tax
    Where the contracts of service of foreign technicians are approved by the Government of India (in the administrative Ministries concerned), it is open to the I.T.O. to go into certain questions.
    Show AI Summary
    Technician status: administrative approval generally binds tax officers unless definite contrary information prompts referral to the Board.
    Income-tax Officers should accept administrative Ministries' approvals that a foreign employee qualifies as a technician-both as possessing specialised knowledge and as being employed in a qualifying capacity-unless they possess definite information showing the application facts were incorrect or that the person was employed in a non-qualifying capacity from the outset or for part of the claimed exemption period; where such definite information exists, the officer must refer the matter to the Board for decision in consultation with the administrative Ministry.
    514/CBDT - 24-02-1973 Income Tax
    Refund, period of limitation of three months, how to compute
    Show AI Summary
    Interest on delayed refunds accrues from the appellate order unless refund depends on subsequent officer decision triggering a new start.
    Where an appellate order directly fixes a refundable sum or mandates recomputation, the refund is deemed due as a consequence of that order and interest time runs from the end of the month in which it is passed. If the appellate order requires further enquiries or a decision by the Income-tax Officer before a refund arises, the refund is not due from the appellate order; the period for interest begins when the officer reaches the requisite conclusion.
    513/CBDT - 23-02-1973 Income Tax
    Revision of orders, prior approval from Inspecting Assistant Commissioner
    Show AI Summary
    Revision of wealth and gift tax assessments requires prior Inspecting Assistant Commissioner approval where revisions exceed the prescribed threshold.
    Wealth-tax and Gift-tax Officers must obtain prior approval from the Inspecting Assistant Commissioner before passing revision orders where a revision pursuant to appellate orders produces a reduction or enhancement of wealth-tax or gift-tax exceeding Rs.25,000; this procedural requirement applies to revision orders following appellate decisions and serves as supervisory control over significant tax adjustments.
    512/CBDT - 23-02-1973 Income Tax
    Remuneration received by a Member of a State Legislature (i.e. Assemblies and Councils) will also be assessable as 'income from other sources' under section 56 of the Income-tax Act, 1961.
    Show AI Summary
    Income from other sources: state legislature remuneration taxed as such, standard monthly deduction allowed and no tax deducted at source.
    Remuneration paid to Members of State Legislatures is assessable as income from other sources and is not subject to tax deduction at source. A standard deduction is to be allowed from the monthly allowance - the lesser of a prescribed fixed monthly amount or a prescribed fraction of the monthly allowance - permitted without enquiry where claimed; higher claims require a broad check of actual expenditure. These instructions apply to pending assessments and do not require reopening completed assessments.
    105/1973 - 23-02-1973 Income Tax
    Requirement of filing declaration under section 184(7), as amended by Taxation Laws (Amendment) Act, 1970, within time allowed under section 139(1)/(2) for furnishing return of income - ITOs to be liberal in condoning delay for assessment year 1970-71 and earlier years where, even after 1-4-1971, de
    Show AI Summary
    Registration continuation requirement: allow liberal condonation where Form 12 was filed late with returns to prevent hardship.
    The amendment requires firms to furnish the Form 12 declaration within the time allowed for filing returns, which could disqualify continuation of registration if declarations were filed with returns after the amendment's effective date. The proviso permits Income-tax Officers to allow late filing where prevented by sufficient cause; the Board directs liberal exercise of that discretion for earlier assessment years to prevent hardship and condone delay where declarations were filed with returns after the effective date.
    511/CBDT - 22-02-1973 Income Tax
    Completion of cases reopened u/s 146 and application of limitatiion us/ 153(2A)
    Show AI Summary
    Time-bound completion of reopened tax assessments required; commissioners must finalise pending set-aside cases and enforce two-year limitation.
    Commissioners must draw up and enforce a time-bound programme to finalise all pending assessments reopened under section 146 or set aside under sections 146, 251, 254 and 263 for assessment year 1970-71 and earlier by 30.7.1973, require reasons for non-finalisation after that date, and take serious view of officer inaction except for unavoidable circumstances; the two-year statutory limitation in section 153(2A) applies from assessment year 1971-72 onwards.
    104/1973 - 19-02-1973 Income Tax
    Wife or minor child of individual incurs loss, which if it were income would be includible in income of that individual - Whether such loss should be treated as if it were loss sustained by that individual
    Show AI Summary
    Spousal attribution of losses: losses of wife or minor child treated as individual's loss permitting set-off and carry forward.
    Losses incurred by a wife or minor child from sources whose income would be includible in an individual's income may be set off against that individual's income and, if not fully absorbed, carried forward under the loss provisions; a spouse's share loss may be allowed in the spouse's assessment and any balance carried forward. The Board withdraws the earlier narrower view and treats such losses, as an alternative equitable construction, as if sustained by the individual.
    510/CBDT - 17-02-1973 Income Tax
    Declaration of dividend and super-tax
    Show AI Summary
    Dividends declared after the statutory period must be included when computing super tax liability under the assessment order framework.
    Dividends declared after the statutory twelve month period but before the date of passing a statutory assessment order must be included when computing additional super tax; the earlier board instruction excluding such dividends is withdrawn and the same rule applies to the comparable statutory assessment provision.
    509/CBDT - 17-02-1973 Income Tax
    Issuance of refunds as a result of appeal
    Show AI Summary
    Refunds after appeal must be issued promptly; appellate orders to be given effect within a fortnight of receipt.
    Refunds arising from appellate or revision orders must be granted and appellate orders given effect within a fortnight of the Income-tax Officer's receipt of the relevant order; the instruction reiterates earlier circulars and directs communication to all concerned.
    508/CBDT - 17-02-1973 Income Tax
    Money value of free treatment not table in the hands of Members of Parliament or Government Servants and Members of the State Legislatures.
    Show AI Summary
    Tax treatment of free medical treatment: reimbursements and in-kind care for state legislators treated as non-taxable like for MPs
    The Board directs that reimbursement of medical expenses and the money value of free medical treatment provided to Members of the State Legislatures shall not be treated as taxable income, on the basis that similar facilities for Members of Parliament and Government servants are not assessed; assessing officers are to be instructed accordingly.
    103/1973 - 17-02-1973 Income Tax
    Meaning of industrial company under Explanation to section2(7)(d)
    Show AI Summary
    Industrial company definition: classification hinges on primary engagement or a year when a majority of income arises from listed industrial activities.
    The Explanation to section 2(7)(d) treats a company as an industrial company based on listed industrial activities-power generation or distribution, ship construction, manufacture or processing of goods, and mining-and by whether income from those activities constitutes a specified majority of total income; the Board clarified that classification operates either from a company's primary engagement in those activities or from a year in which a majority of its income is derived from them.
    507/CBDT - 16-02-1973 Income Tax
    Share income from the partnership firm - liability of partner - initiation of penalty
    Show AI Summary
    Failure to report partnership income triggers penalty liability and requires officers to review prior assessments before completion.
    Failure to disclose a partner's share of firm income in the partner's return attracts penal liability under section 271(1)(c). Assessing officers should consult prior years' assessment records and orders to detect recurring share income and avoid omissions; where such non disclosure is noticed, penalty proceedings under section 271(1)(c) should be initiated.
    506/CBDT - 12-02-1973 Income Tax
    Sending of reports by commissioners after receipt of Audit Report from C&AG
    Show AI Summary
    Audit reporting procedure: Commissioners to use revised form and file detailed reports only for final audit report items within deadline.
    Commissioners shall use a revised reporting form to respond to draft audit paragraphs; a separate detailed report is required only for matters appearing in the final Audit Report, to be submitted to the designated Board division within one month of receipt, with "not applicable" entered where items do not apply and all other items duly addressed.
    No. 3/73 - 03-02-1973 Companies Law
    Name of company - Publication of – Whether share certificate is an official publication within the meaning of clause (c)
    Show AI Summary
    Share certificate not an official publication; treated as movable certificate of title rather than prospectus or statutory publication.
    Sections 82-84 establish that shares are movable property transferable under the articles, each share numbered, and a company-sealed certificate is prima facie evidence of title; consequently a share certificate is a certificate of title and a movable item, not an official publication within the meaning of section 147(1)(c).

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      Income Tax

      Instructions for deduction of tax at source from salary during financial year 1973-74 at the rates specified in Part III of First Schedule to Finance Bill, 1973

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      Tax Deduction at Source from Salaries: guidance on applicability, allowable deductions, surcharge and compliance requirements.
      Instructions for tax deduction at source on salaries for 1973-74 apply rates in Part III of the First Schedule to the Finance Bill, 1973. Tax is ... Summary

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