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    Additional tax under the provisions of Sec.143(1A)(i).
    A.O.'s discretion u/s 220(6).
    Refund orders.
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part II
    Explanation to rule 11 of Schedule III to the Wealth-tax Act--Balance-sheet drawn up as on the relevant valuation date but not available to the shareh...
    Procedure for consequential revision in cases where more then one direct tax involved.
    Wealth-tax assessment in respect of properties left in erstwhile East Pakistan after Indo-Pak conflict of 1965
    Tax clearance certificate in the case of a foreign employee not domiciled in India-Simplification of procedure-Regarding
    Allowance of development rebate in view of decision of S.C. in Subhlaxmi's case.
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Direct Tax Laws (Amendment) Act, 1989)--Part I--Pr...
    Taxability of income arising to non-residents.
    Subsidy granted by the State Government to producers for production of feature films in regional languages- Treatment of
    Companies Act, 1956-Clarification on directorship, perquisites and gratuity and contribution to provident fund, etc
    Revised schedule of fee for standing counsels of IT dept.
    Deduction of tax at source-Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government securities-Rates of tax applica...
    General principles for determining whether shares held as stock in trade or capital assets.
    Filing of returns by partners where firm's accounts are required to be audited-Assessment year 1989-90
    Discontinuance of Fidelity Insurance bonds by TROs/ITIs.
    Dossier reports of cases of tax arrears of more then Rs.10lacs.
    Waiver of time limit prescribed u/s 153.
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    Additional tax under the provisions of Sec.143(1A)(i).
    Show AI Summary
    Additional income tax arising from returned loss adjustments can be specified by intimation and may create liability despite low taxable income.
    Additional income-tax may be levied where adjustments under the proviso to section 143(1)(a) increase computed total income relative to the return, including where a declared loss is reduced or converted into income below the taxable threshold; such additional tax must be specified in the intimation under section 143(1)(a)(i), but if the total adjustments remain below taxable income the additional tax is nil and an intimation under the second proviso cannot be issued in those circumstances.
    A.O.'s discretion u/s 220(6).
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    Assessing officer discretion to stay recovery of disputed tax during a pending appeal, subject to imposed conditions.
    Assessing officers may, in their discretion and subject to conditions they deem fit, treat an assessee as not in default for disputed amounts while an appeal remains pending; existing Instruction No.1362's factors and illustrative stay conditions remain operative to the extent not superseded by a later circular that set out government policy on recovery of disputed tax demands.
    Refund orders.
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    Refund dispatch procedure: small refunds may be delivered by notice servers while larger refunds require registered post.
    Refund orders prescribe that refunds up to Rs.2500 are to be delivered by notice servers, with a maximum ten-day holding period after which vouchers must be returned for immediate registered-post dispatch if required; refunds above Rs.2500 must be sent by registered post. All refund vouchers must be marked A/C PAYEE ONLY as an anti-fraud safeguard, and assessing officers must ensure strict compliance and inform officers in their regions.
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part II
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    Uniform financial year adopted as previous year - returns accepted if tax and mandatory interest paid; scrutiny limited.
    Adoption of the financial year as the uniform previous year standardises accounting periods and creates transitional provisions including proportional increases to statutory monetary limits, enhanced depreciation for extended transitional years, adjusted residency day-counts, and an average-rate method to compute tax for extended periods. The new assessment regime accepts returns as filed where tax and mandatory interest are paid, permits only arithmetic and prima facie adjustments from return documents, imposes time limits for intimations, and levies additional tax where adjustments increase returned income.
    Explanation to rule 11 of Schedule III to the Wealth-tax Act--Balance-sheet drawn up as on the relevant valuation date but not available to the shareholders on the due date of filing wealth-tax returns--Instructions regarding
    Show AI Summary
    Balance-sheet availability: use the immediately preceding balance-sheet to value unquoted shares when valuation-date sheet is unpublished.
    If a company's balance-sheet as on the relevant valuation date is not published or available to shareholders by the due date for filing wealth-tax returns, the value of unquoted equity shares under rules 11 and 12 of Schedule III may be computed on the basis of the balance-sheet drawn up as on a date immediately preceding the relevant valuation date; where returns adopt that basis, the Wealth-tax Officer must use the preceding-date balance-sheet for assessment even if the valuation-date balance-sheet is later available.
    Procedure for consequential revision in cases where more then one direct tax involved.
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    Consequential tax revision procedures require coordinated amendments across direct tax assessments following related liability modifications.
    Instruction No. 1831/1989 requires coordinated consequential revision where a modification under one direct tax law affects liabilities or deductions under another. Assessing Officers must ensure such revisions; DCs and CsIT must inspect for corresponding action; appeal and rectification registers must record whether consequential action under the same or another direct tax law has been taken; internal audit checklists must include this verification. Examples include interplay between interest-tax and income-tax, companies surtax and income-tax, hotel receipts tax and income-tax, wealth/gift tax interactions, and expenditure-tax refunds leading to possible income inclusion.
    Wealth-tax assessment in respect of properties left in erstwhile East Pakistan after Indo-Pak conflict of 1965
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    Ex gratia payments taxable as assets once received, removing prior pre-valuation-date exemption under wealth-tax rules.
    Ex gratia payments received by assessees in respect of properties left in erstwhile East Pakistan after the 1965 conflict constitute assets for wealth-tax purposes once received and are liable to wealth-tax; item (ii) of Circular No. 385 (which exempted ex gratia received before the valuation date) is deleted to align with the Wealth-tax Act's definition of asset.
    Tax clearance certificate in the case of a foreign employee not domiciled in India-Simplification of procedure-Regarding
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    Tax clearance certificate simplified for foreign employees when employer provides a guarantee covering tax liabilities during contract plus two years.
    One-time tax clearance certificates are available for non-domiciled foreign employees with fixed tenures up to five years when the employer furnishes a prescribed guarantee to pay any tax found due during the contract period plus two years; the guarantee may cover spouse and dependants. The procedure applies only to Indian employers or foreign employers assessed in India with a fixed place of business. Assessing Officers will issue certificates valid until the contract end date stated in the guarantee, and revenue authorities may withdraw the facility in suitable cases.
    Allowance of development rebate in view of decision of S.C. in Subhlaxmi's case.
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    Development rebate entitlement requires concurrent debit and reserve credit in year of use; reopen assessments unless time-barred.
    Allowance of development rebate requires a debit in the profit and loss account and a corresponding credit to a reserve account in the same previous year the machinery or plant is installed or first put to use; existence of profits that year is not necessary. Assessments granting development rebate or investment allowance should be reopened unless reopening is time-barred, in which case recovery of any demand on this account should not be pressed.
    Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 (as amended by the Direct Tax Laws (Amendment) Act, 1989)--Part I--Provisions which have come into force with effect from 1st April, 1988
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    Uniform accounting year and redesigned tax authorities reshape advance tax obligations and mutual fund withholding rules.
    The Act adopts the financial year as the uniform accounting year, redesignates and consolidates tax authorities and their jurisdiction, redefines the Assessing Officer, and vests the Board with power to assign and delegate functions; it also overhauls advance tax by including all current income for instalment-based payments without filing formal estimates, prescribes computation and instalment rules, and introduces non-deduction and exemption rules for mutual funds established by public sector banks or public financial institutions, with transitional "removal of difficulties" powers for the Central Government.
    Taxability of income arising to non-residents.
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    Taxation of non-resident turnkey contractors: FOB sales outside India not taxable; technical and construction receipts taxed by source rules.
    Foreign consortium members are separate taxable entities; overall coordination agreements do not create partnership. FOB sales where title passes outside India are not taxable in India. Fees for planning, design and engineering are taxable as technical services subject to domestic rates or applicable double taxation agreements. Civil construction and erection/testing work performed in India attract a deemed-profits attribution of gross receipts for taxation where conditions are met. Separately identifiable transportation charges are governed by the rules for operation of ships or aircraft. Contracts by different foreign companies must be treated distinctly; guidance applies after the effective date.
    Subsidy granted by the State Government to producers for production of feature films in regional languages- Treatment of
    Show AI Summary
    Treatment of subsidies: untaxed state film subsidies must be reduced from production cost under income tax rules.
    A corrigendum deletes a typographical "not" in an earlier circular and amends the instruction: amounts received by producers of regional feature films that have not been charged to tax shall be reduced from the cost of production for the purpose of applying the income tax rules to compute taxable income.
    Companies Act, 1956-Clarification on directorship, perquisites and gratuity and contribution to provident fund, etc
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    Director candidature deposit refundable only on election; perquisites capped and gratuity payable separately.
    A non retiring candidate for directorship or the member proposing him must deposit a fixed sum refundable only if elected and forfeited if unsuccessful. Perquisites are allowed in addition to salary/commission but subject to location based ceilings; employer contributions to provident, superannuation or annuity funds are excluded from that ceiling to the extent not taxable under income tax law. Gratuity is payable in addition to perquisites, limited to half a month's salary per completed year of service and subject to an overall cap.
    Revised schedule of fee for standing counsels of IT dept.
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    Adjournment fee rules limit payable fee for non-hearings and restrict counsel entitlement to a limited number per case.
    The clause prescribes a fixed adjournment fee payable when hearings are adjourned, states that the adjournment fee is exclusive of hearing fees, limits payment for connected cases by not allowing duplicate adjournment fees where one has been paid, and restricts a counsel's entitlement to non-hearing payments to only three non-hearings in the entire case.
    Deduction of tax at source-Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government securities-Rates of tax applicable during the year 1989-90
    Show AI Summary
    Deduction of tax at source: interest on government securities taxed when credited or paid, with strict withholding and compliance required.
    Amendments to Section 193 require tax withholding on interest on government securities at the earlier of credit or payment, with credits to interest or suspense accounts deemed as credit to the payee; the exemption ceiling for certain debenture interest paid to resident individuals is increased and surcharge on total income is raised, necessitating higher withholding. Deductors must issue prescribed TDS certificates, quote TAN, file annual returns of TDS on interest on securities in the prescribed form, and pay deducted sums to government within prescribed time, with penalties and prosecution for non-compliance.
    General principles for determining whether shares held as stock in trade or capital assets.
    Show AI Summary
    Characterisation of shares as stock-in-trade or capital asset determines whether sale proceeds qualify as business income.
    Determination whether shares are stock-in-trade or capital assets turns on the totality of factors: the purchaser's intention (notably intention to resell at a profit), repetition and scale of transactions, and whether sales are so connected with carrying on the taxpayer's business that resulting surpluses constitute business income. Contexts where dealing in securities is integral to the ordinary business, or where regulatory practices require holding liquid securities, weigh in favour of classification as business income. Accounting labels are relevant but not conclusive.
    Filing of returns by partners where firm's accounts are required to be audited-Assessment year 1989-90
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    Extension of filing date for partners of audited firms allows later return filing and directs officers not to enforce the earlier deadline.
    Partners of partnership firms whose accounts are required to be audited may file their income tax returns by 31st October; Assessing Officers are directed not to insist on the earlier August deadline for the assessment year 1989-90. A proposed retrospective amendment in the Direct Tax Laws (Second Amendment) Bill, 1989 would formalise this extension with effect from April 1, 1989.
    Discontinuance of Fidelity Insurance bonds by TROs/ITIs.
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    Fidelity bond requirement for tax recovery officers discontinued; existing bonds must be discontinued and officers notified immediately.
    Fidelity insurance bond requirement for Tax Recovery Officers and Tax Recovery Inspectors is discontinued after a Directorate review found the stipulation unnecessary and inconsistent with practices for officers handling cash in search and seizure duties; existing bonds are to be discontinued and the instruction communicated to all officers in the region or charge.
    Dossier reports of cases of tax arrears of more then Rs.10lacs.
    Show AI Summary
    Dossier reporting requirements mandate quarterly submission for large tax arrears and timely accuracy to enable supervisory review.
    Quarterly dossier reporting is mandated for significant tax arrears: Assessing Officers must send detailed reports to Commissioners/Chief Commissioners and a copy to the Director of Income-tax (Recovery) by the end of the month following the quarter. Commissioners will review recovery progress on these dossiers. Reports must be timely, complete, and accurate, with no blank columns (non-applicable fields to be clearly indicated). Chief Commissioners must fix responsibility and act where delays, discrepancies, or errors are found.
    Waiver of time limit prescribed u/s 153.
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    Waiver of time limits under section 153 requires naming responsible officers and stating action taken when sought.
    When forwarding proposals for waiver of the time limit for assessment under section 153, CCsIT/CsIT must furnish the names of officers or officials responsible for the lapse and specify action taken or proposed against them; where responsibility cannot be fixed, the reasons must be stated.

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      Explanatory Notes on the provisions of the Direct Tax Laws (Amendment) Act, 1987 [as amended by the Direct Tax Laws (Amendment) Act, 1989]--Part II

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      Uniform financial year adopted as previous year - returns accepted if tax and mandatory interest paid; scrutiny limited.
      Adoption of the financial year as the uniform previous year standardises accounting periods and creates transitional provisions including proportional ... Summary

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