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    Clarification regarding certificate for deduction of tax made by Central Government Departments who are making payments by book adjustments
    Guidelines for companies and mutual funds in respect of approved investments for purposes of sections 54EA and 54EB
    Income-tax deduction from salaries during the financial year 2005-06 under section 192
    Action under section 132 on the seized articles.
    Circular No. 746, dated 26th july 1996 makes the following correction in its Circular No. 706, dated 26th June, 1995
    Requirement of deduction of income-tax at source u/s. 193 of IT Act-Payment of income by way of interest on securities to Ramakrishna Math and Ramakri...
    Criteria for selection of cases for scrutiny of returns of political parties.
    Filing of returns u/s. 206 of IT Act, 1961, in respect of TDS from the salary of employees of a company working at its headquarters or in other branch...
    Reduction or waiver of interest charged under section 234A/234B/234C
    Parameters for selection of cases for scrutiny during the financial year 1996-97.
    Suggestions of CCsIT/DsGIT.
    Calculation for Compounding Charges in the case of a Firm
    Guidelines for withdrawal of prosecution under the Direct Tax Laws
    Deduction in computation of taxable profits u/s 35CC of I.T.Act 1961.
    Taxability of unutilised deposit under the Capital Gains Accounts Scheme, 1988*, in the hands of the legal heirs of the assessee - Reg.
    Taxation of foreign telecasting companies - Guidelines for computation of income-tax, etc.
    Requirement of deduction of income-tax at source u/s. 193 of the IT Act-Payment of income by way of interest on securities to PFs established under a ...
    Taxability of interest remitted by branches of banks to the head office situated abroad, under the Foreign Currency Packing Credit Scheme of Reserve...
    Provisions of section 40(b)(v) of the Income-tax Act, 1961, regarding admissibility of remuneration of working partner in the assessment of firms - ...
    Clarification on applicability of Interest-tax Act to hire purchase transactions
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    Circulars
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    Clarification regarding certificate for deduction of tax made by Central Government Departments who are making payments by book adjustments
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    TDS certificate acceptance requires book-adjustment credit with date; issuing DDOs must obtain TAN and file returns.
    TDS certificates for taxes remitted by Central Government DDOs by book adjustment must be accepted if they indicate credit afforded to the Income-tax Department by book adjustment and specify the date; Assessing Officers may verify genuineness with DDOs. Issuing DDOs must obtain a TAN, file Annual TDS Returns with the jurisdictional TDS authority, and quote the TAN on such certificates.
    Guidelines for companies and mutual funds in respect of approved investments for purposes of sections 54EA and 54EB
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    Capital gains exemption investments: approved instruments and compulsory investible capital allocation with compliance requirements.
    Sections 54EA and 54EB exempt capital gains where proceeds are reinvested in Board notified instruments; HUDCO bonds and mutual fund units (three or seven year repurchase terms as applicable), seven year bank deposits and HUDCO seven year bonds are notified. Public companies and financial institutions issuing qualifying bonds, debentures or primary issue shares must obtain Board approval, invest 60% of investible capital in defined infrastructure/power/telephone/oil and gas, invest at least 25% in such infrastructure within one year and the balance within three years, file annual Accountant certificates, and face withdrawal of approval for non compliance.
    Income-tax deduction from salaries during the financial year 2005-06 under section 192
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    Tax Deduction at Source on Salaries: employer withholding, perquisite valuation and reporting obligations clarified for compliance.
    The Circular sets out the rates and operational rules for tax deduction at source on salary for financial year 2005-06 under section 192: employers must estimate taxable salary including perquisites, compute tax at prescribed rates, deduct on average at each payment, or optionally pay tax on non-monetary perquisites on the employee's behalf; aggregation rules for multiple employers, relief procedures for arrears/advances, valuation and reporting of perquisites in Form No.12BA, issuance of TDS certificates, Chapter VI-A deduction conditions, e-TDS filing requirements, and penalties, interest and prosecution for non-compliance are prescribed.
    Action under section 132 on the seized articles.
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    Search and seizure procedure: confiscatory action permissible only after an authorised search is carried out.
    Measures authorising confiscation of seized articles are contingent on a prior authorised search; confiscatory subsections cannot be invoked in preference to initiating a search. Where a sister department has seized items and contemplates confiscation, invoking the confiscatory route may be preferable to an alternative subsection, but only after the statutory search authorisation procedure has been complied with. Existing instructions requiring searches pursuant to express authorisation remain binding and must be followed to meet legal requirements.
    Circular No. 746, dated 26th july 1996 makes the following correction in its Circular No. 706, dated 26th June, 1995
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    Correction to tax circular: substitution of a referenced figure in prior circular clarifies the operative provision's reference.
    Correction to Circular No. 706: in paragraph 3 of the earlier income-tax circular, the originally published numerical reference is to be substituted by an alternative numerical reference; the amendment is administrative, issued by the Central Board of Direct Taxes to clarify the internal cross-reference within the prior circular.
    Requirement of deduction of income-tax at source u/s. 193 of IT Act-Payment of income by way of interest on securities to Ramakrishna Math and Ramakrishna Mission whose income is exempt u/s. 10(23C)(iv) of the IT Act, 1961
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    TDS exemption on interest from government securities for exempt religious institutions; payments can be made without tax deduction.
    The revenue board directed that interest on securities of the Central and State Governments payable to Ramakrishna Math and Ramakrishna Mission, being institutions exempt under clause (iv) of section 10(23C), may be paid without deduction of income-tax at source, and that this administrative direction applies from the current financial year.
    Criteria for selection of cases for scrutiny of returns of political parties.
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    Scrutiny of political party returns: assessments may be completed after scrutiny irrespective of voluntary filing or notice response.
    The Board directed that all assessments of political parties up to the specified assessment year may be subjected to and completed after scrutiny of returns, irrespective of whether returns were filed voluntarily or in response to a notice under the assessment provisions, and ordered that this directive be circulated to all concerned officials.
    Filing of returns u/s. 206 of IT Act, 1961, in respect of TDS from the salary of employees of a company working at its headquarters or in other branches-Extension of the procedure in respect of other TDS returns-Clarification reg
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    Filing of TDS returns: centralised head office filing prevents duplicate demands; jurisdictional AO may enforce compliance.
    Filing of returns under section 206 is to be centralised: where a head office or branch is already filing the prescribed TDS return, no other Assessing Officer shall require the assessee to file the same return. If the return is not being filed, the Assessing Officer having jurisdiction under rule 36A may enforce compliance. This procedure is extended to all other TDS returns filed under rule 37 as required under section 206, preventing duplicate filing obligations while preserving enforcement authority for non filing.
    Reduction or waiver of interest charged under section 234A/234B/234C
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    Penal interest relief: waiver authorised for specific hardship cases involving late returns, advance tax defaults, and search-related loss.
    Authorisation permits reduction or waiver of penal interest under sections 234A, 234B and 234C where hardship arises: books seized in searches preventing timely return preparation; cash seized that could not be applied to tax instalments; unanticipated income (excluding capital gains) taxed after instalment dates with tax paid thereafter; retrospective law or judicial changes making earlier exempt receipts taxable; and voluntary, undetected filings delayed for reasons beyond taxpayer control. Relief applies from assessment year 1989-90 onward subject to conditions.
    Parameters for selection of cases for scrutiny during the financial year 1996-97.
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    Scrutiny selection parameters set mandatory, sample and information based categories for income tax return examination procedures.
    Parameters establish a structured regime for selection of income tax returns for scrutiny for 1996 97, dividing cases into compulsory scrutiny, sample scrutiny, and information based scrutiny, plus a limited scrutiny procedure for DCIT(SR) jurisdictions and corporate returns. Compulsory scrutiny includes searches, surveys, reassessments, investigation recommended matters, high turnover, company returns with large shortfalls to book profit, and substantial capital/loan inflows. Sample scrutiny prescribes sampling percentages by income bands with exclusions and rotation/randomization rules. Information based scrutiny requires supervisory approval. Annexure enumerates illustrative adjustment categories and follow up procedures.
    Suggestions of CCsIT/DsGIT.
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    Limited scrutiny framework for income tax returns narrows review to legal issues while reserving complex matters for investigation.
    A three tier procedure requires initial processing with prima facie adjustments, segregation of returns into Investigation for in depth scrutiny and Limited Scrutiny for legal issues or limited factual variations. Returns must be linked with past records at processing to identify limited scrutiny cases; Assessing Officers must issue notices and show cause letters, endorse copies to supervisory officers, and pass assessment orders after opportunity. Permissible limited scrutiny adjustments are listed in an annexure; complex or numerous matters must be escalated to Investigation and residuary adjustments require prior superior approval.
    Calculation for Compounding Charges in the case of a Firm
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    Compounding charges calculation prescribes aggregating tax sought to be evaded with consolidated establishment expenses for first offence.
    Compute tax and surcharges on concealed firm income at the maximum marginal rate (A). Compute tax on allocable profit in partners' hands, with surcharge (B). Total tax sought to be evaded is C = A + B. Add consolidated establishment expenses to C to obtain total compounding charges, which are recoverable for the first offence.
    Guidelines for withdrawal of prosecution under the Direct Tax Laws
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    Withdrawal of prosecution where assessment additions and penalties are deleted requires law ministry opinion and finance minister approval.
    Withdrawal of prosecution is to be undertaken where prosecutions based on assessment additions and penalty for undisclosed income are negated by appellate deletions accepted by the department; such withdrawal requires the opinion of the Ministry of Law and the approval of the Finance Minister and replaces the earlier Board instruction on the subject.
    Deduction in computation of taxable profits u/s 35CC of I.T.Act 1961.
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    Deduction for rural development expenditure enables companies and co operative societies to deduct approved programme spending from taxable profits.
    Deduction in computation of taxable profits is permitted for companies and co operative societies for expenditure incurred on approved rural development programmes, allowing them to reduce taxable profits by the amount of qualifying expenditure incurred under government approved schemes as a targeted tax incentive to promote involvement in rural development activities.
    Taxability of unutilised deposit under the Capital Gains Accounts Scheme, 1988*, in the hands of the legal heirs of the assessee - Reg.
    Show AI Summary
    Taxability of unutilised capital gains deposit clarified: unutilised amounts on death are estate property, not taxable as heirs' income.
    Where an individual assessee dies before the expiry of the stipulated utilisation period for deposits made under the Capital Gains Accounts Scheme, the unutilised deposit amount is not taxable in the hands of the deceased or in the hands of the legal heirs; the unutilised portion does not become income of the heirs but remains part of the deceased's estate devolving upon them.
    Taxation of foreign telecasting companies - Guidelines for computation of income-tax, etc.
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    Presumptive taxation for foreign telecasters: taxable income based on gross remittances and tax deduction under section 195.
    For foreign telecasting companies lacking a branch or country-wise accounts, Assessing Officers shall compute taxable income by applying a presumptive profit rate of 10 per cent to gross receipts remitted abroad (after excluding agent commissions), or use the income declared if higher, and tax that amount; tax must be deducted at source under section 195, and voluntary payment of taxes with interest within thirty days will ordinarily avert penalty proceedings.
    Requirement of deduction of income-tax at source u/s. 193 of the IT Act-Payment of income by way of interest on securities to PFs established under a scheme under EPF and Miscellaneous Provisions Act, 1952, whose income is exempt u/s. 10(25)(ii) of the IT Act, 1961
    Show AI Summary
    TDS exemption on government securities interest for exempt provident funds, permitting payment without tax deduction.
    Interest on securities of the Central and State Governments may be paid to provident funds established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, whose income is exempt, without deduction of income-tax at source; this administrative instruction applies from the financial year specified in the circular.
    Taxability of interest remitted by branches of banks to the head office situated abroad, under the Foreign Currency Packing Credit Scheme of Reserve Bank of India
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    Taxability of branch interest: interest remitted to foreign head offices is taxable in India and requires tax deduction at source.
    The branch of a foreign concern in India is a separate entity for tax purposes; interest paid or payable by that branch to its head office or any overseas branch is liable to tax in India, subject to any lower rate under an applicable double taxation avoidance agreement, and tax must be withheld on such remittances in accordance with provisions relating to tax deduction at source.
    Provisions of section 40(b)(v) of the Income-tax Act, 1961, regarding admissibility of remuneration of working partner in the assessment of firms - Regarding
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    Remuneration of working partners: deduction permitted initially for contractual clause but later requires specified amount or quantification method.
    The Board permits deduction for working partner remuneration during the transitional period where the partnership deed specifies that remuneration will be the amount allowable under the statute, but disallows deduction where the deed leaves amounts to be agreed at year end without any quantified limit or method; thereafter, deduction is admissible only if the partnership deed specifies individual remuneration or a method for quantification.
    Clarification on applicability of Interest-tax Act to hire purchase transactions
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    Interest-tax applicability: finance charges of hire purchase finance companies are treated as interest and subject to interest-tax.
    Finance charges accruing or arising to hire purchase finance companies constitute interest as defined in section 2(7) of the Interest-tax Act and, following extension of scope to credit institutions by the Finance (No. 2) Act, 1991, are chargeable to interest-tax.

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      Provisions of section 40(b)(v) of the Income-tax Act, 1961, regarding admissibility of remuneration of working partner in the assessment of firms - Regarding

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      Remuneration of working partners: deduction permitted initially for contractual clause but later requires specified amount or quantification method.
      The Board permits deduction for working partner remuneration during the transitional period where the partnership deed specifies that remuneration will be ... Summary

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