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Circulars
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Amendment to Ambalal Sarabhai Enterprises Pvt. Ltd.
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Company name amendment: Ambalal Sarabhai Enterprises changed from private to public status; tax officers instructed to note the change.
Amendment records that Ambalal Sarabhai Enterprises (Pvt.) Ltd. became a public company after 29-12-80 and its name is amended to Ambalal Sarabhai Enterprises Ltd.; the Instruction directs that this name change be brought to the notice of all Income Tax Officers in charge.
Strengthning of departmental representation before ITAT.
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Departmental representation: ensure timely delivery of assessment records so representatives prepare cases with complete materials before hearings.
Assessment records and commissioner files must be supplied to Departmental Representatives well in advance so cases are represented with complete materials; commissioners must ensure records reach representatives at least three days before hearings for priority categories such as company, central government, search and seizure, and designated procedural matters.
Wealth-tax assessment in respect of properties left in erstwhile East Pakistan after Indo.-Pak conflict of 1965
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Wealth tax exclusion for enemy vested property; discretionary ex gratia relief likewise not assessable to wealth tax.
The circular states that property left in erstwhile East Pakistan and vesting in the custodian of enemy property in Pakistan cannot be assessed to wealth-tax in India in the hands of the original owners, and that ad hoc ex gratia payments from the Consolidated Fund of India in respect of such properties are not assessable to wealth-tax because there is no legally enforceable claim to those grants.
Writing off of arrears of demand.
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Write-off of irrecoverable tax arrears: small outstanding demands to be identified for administrative write-off and annual reporting.
Directs CIT(Recovery) and Tax Recovery Commissioners to identify cases with recovery certificates issued up to 31-3-79 and no recovery in the past five years, limited to demands of Rs.10,000 and below, and to process those cases for write-off through monthly meetings of the concerned IAC with ITOs and TROs. Field authorities may exercise write-off powers up to IAC level for amounts up to Rs.10,000 under existing procedures. Requires annual submission of a statement on arrears written off to the D.I.(RSP) by April 30 for consolidation and submission to the Board by June 30.
Approval of hotels for the purpose of claiming the various tax concessions envisaged in the Income-tax Act, 1961
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Delegated approval authority requires hotels to obtain specific tax approvals from the tourism ministry before claiming income-tax concessions.
Delegated authority in the Ministry of Tourism grants the statutory approvals enabling domestic hotel companies to claim income-tax concessions; administrative licences to run a hotel are distinct and do not substitute for those statutory approvals, and income-tax authorities must verify specific approvals before allowing tax benefits.
Procedure for speedier disposal of assessments to reduce backlog.
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Summary assessment on returned income permits completion without detailed checking, with limited random scrutiny to reduce backlog.
Instruction replaces summary/scrutiny categorisation with two classes and mandates that class (i) cases be completed on the basis of the return after linking with assessment records with no checking; specified categories (special circles, companies, trusts, loss, search and re-opened cases) are excluded. Returns for class (i) are segregated at receipt, nil-demand/refund cases receive only an intimation, separate demand registers are maintained, penalty proceedings are not initiated if returns filed before the cut-off (interest still levied), and a fixed percentage of such cases is selected for random scrutiny.
Remedial action where approval u/s 35(1)(ii) subsequently withdrawn.
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Approval withdrawal under section 35(1)(ii) prompts departmental remedial action to deny section 10(21) benefit and tax institution.
CBDT mandates remedial action where approval u/s 35(1)(ii) for scientific research institutions is withdrawn; the denial of the concession under section 10(21) renders the institution's income taxable, and departments must take consequential measures and notify all subordinate officers.
Estate Duty Act - Scope of Sec.31.
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Quick succession relief under the Estate Duty Act: Assistant Controllers must process applicable claims without Board referral.
Section 31 of the Estate Duty Act allows reduction of estate duty where duty becomes payable again on the same property within the short-term period, provided the Board is satisfied; Assistant Controllers should process quick succession relief claims and are not required to direct applicants to the Board or forward proposals in the prescribed proforma through the Controller of Estate Duty.
Appointment of statutory auditors by Company Law Board ‑ Fixation of audit fees ‑ Guidelines for
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Audit fee fixation now requires companies to factor rising service costs and inflation when recommending statutory auditors' fees.
Boards of directors of Government and deemed Government companies must follow existing audit fee fixation norms when recommending appointment or re fixation of statutory auditors and explicitly take into account the effect of rising service costs and inflation as additional factors in suggesting the quantum of audit fees.
Clearance certificate u/s 230A(1).
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Clearance certificate requests should be withheld to prevent alienation pending departmental appeal and court restraint sought.
Granting a clearance certificate for property already subject to an acquisition order and currently under departmental appeal may constitute acquiescence and prejudice the Department's right to acquire; officials should therefore seek immediate court orders restraining alienation and inform the High Court of any certificate requests to protect departmental acquisition rights pending final disposal of the appeal.
Procedure for issue of refund vouchers.
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Refund voucher procedure: strict compliance mandated after fraud; departures will be dealt with seriously and supervised.
A report of clandestine removal and fraudulent encashment of refund voucher forms prompted the Board to reiterate the prescribed detailed procedure for issue of refund vouchers, note non compliance by field formations, and direct strict adherence with supervisory oversight and serious action for departures.
Deductions u/s80HHC in case of cut and polished diamonds and gem stones.
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Deduction under section 80-HHC: exports of cut and polished diamonds and gemstones qualify where processing and customs certification exist.
The instruction explains that because raw diamonds cannot be exported, imported rough diamonds are processed in India and exported as cut and polished stones with Customs certification, and because replenishment imports and imprest licences tie imports to actual exports, exports of cut and polished diamonds and gemstones do not amount to "minerals and ores" and thus qualify for deduction under section 80-HHC.
Contribution to approved superannuation fund - Whether pension benefits can be provided to employees under rule 89 of Income-tax Rules in the form of "annuity certain" also
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Annuity certain: not permissible under rule 89; approved superannuation funds must amend rules or face withdrawal.
A pension scheme that provides benefits in the form of an annuity certain does not fall within rule 89 and therefore cannot obtain or retain approval as an approved superannuation fund; trustees of already approved funds that permit such arrangements should amend their rules within a reasonable period or face possible withdrawal of approval.
Deduction of tax at source under Sec.194C.
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Tax deduction at source ensures withholding and strict enforcement for contractor compliance and reporting obligations.
Tax deduction at source under section 194C obliges payers to withhold tax on payments to resident contractors/sub contractors above the prescribed threshold, file quarterly particulars in Form No.26C and remit withheld amounts to the Central Government within prescribed time; failure to remit results in treatment as an assessee in default with interest and penal consequences. The Board instructs tax officers to obtain contractor data from major organisations, prioritise scrutiny of compliance, initiate penal action where statements are not furnished, and involve internal audit to protect revenue.
Taxation of shares of Indian companies allotted to non-residents in consideration for the purchase of machinery and plant delivered abroad
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Taxation of royalties and technical service payments: share allotments to nonresidents for overseas delivery of machinery are taxable in India.
Income embodied in shares allotted to non residents for delivery abroad of machinery and plant will attract Indian income tax because royalties and fees for technical services are deemed to accrue or arise in India under the 1976 amendments; the prior administrative concession in paragraph 11 of Public Circular No. 21 of 1969 is withdrawn and no longer insulates such share based payments from taxation as income received in India.
Examination of write off proposals.
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Write-off scrutiny: ensure procedural defects and employee negligence are ruled out before approving departmental write-off decisions.
Delegated write-off powers are subject to conditions: the loss must not disclose a defect in rules or procedure requiring higher authority amendment, and there must not have been serious negligence by any government servant warranting disciplinary action; findings on these points must be specifically recorded in the minutes of Local Committees, Zonal Committees and similar bodies before approving write-off proposals.
Exemption from production of Estate Duty Clearance Certificate by the legal heirs of deceased members of provident funds governed by Central Board of Trustees of the Central Provident Fund and also provident funds referred to in section 80C of the I.T.
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Estate duty clearance exemption allows provident fund trustees to pay benefits without certificate, subject to affidavit and indemnity.
Trustees may pay a deceased member's provident or related insurance benefits without an estate duty clearance certificate up to fifty thousand rupees, while their statutory liability remains unaffected; any subsequent estate-duty claim will be met from the fund's Reserve and Forfeiture Account and may be recovered from payees under the indemnity bond. Claimants must file an affidavit that the property does not attract estate duty and must furnish an indemnity bond/undertaking to indemnify the trustees.
Compliance of provisions of Sec.11(2) & 11(3).
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Accumulation of trust income: tax officers must monitor permitted accumulations and ensure actual utilisation for charitable purposes.
Trusts must apply for permission to accumulate income and invest accumulated amounts in prescribed modes; if such income is diverted, not invested as required, or not actually applied for the permitted purpose during the accumulation period or in the year immediately following, it is deemed to arise in the year of noncompliance. Income tax Officers must maintain and cross reference a prescribed register recording allowed accumulations, make entries for each assessment year to monitor compliance with accumulation and utilisation requirements, and inspect and verify that accumulated income is genuinely utilised for permitted purposes.
Whether companies seeking exemption under the sub‑section should indicate in application whether the same has been made with approval of board of directors and forward copy of resolution along with application
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Board Approval Requirement: applications for exemption must state board consent and attach the board resolution.
Companies applying for exemption under section 211(4) must indicate whether the application has board approval and must forward a copy of the board resolution; the board bears the duty to prepare, present and authenticate the balance sheet and profit and loss account, and the Central Government may grant exemption on the board's application or with its consent.
Relief to new industrial undertakings-Computation of the capital employed in the undertakings-Section 80J(1A) of the Income-tax Act, 1961
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Deduction for new industrial undertakings: liabilities must be matched and deducted per undertaking under income tax law.
Calculation of the capital employed for the income-tax deduction requires aggregating the value of assets of each undertaking and deducting only the liabilities attributable to that same undertaking; the Board accepts the Bombay High Court's interpretation that liabilities must be matched and deducted on an undertaking-by-undertaking basis.

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Approval of hotels for the purpose of claiming the various tax concessions envisaged in the Income-tax Act, 1961

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Delegated approval authority requires hotels to obtain specific tax approvals from the tourism ministry before claiming income-tax concessions.
Delegated authority in the Ministry of Tourism grants the statutory approvals enabling domestic hotel companies to claim income-tax concessions; ... Summary

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Acts Income Tax