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    Indexing, weeding and recording of files.
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    Records management: mandatory indexing and weeding of files with regular quarterly reporting to the central board.
    The Board requires all Commissioners of Income-tax and Directors of Inspection to prioritise completion of file weeding and to implement a uniform file indexing system immediately. To ensure oversight, each charge must submit a standard quarterly proforma reporting opening file numbers, files disposed for record, files weeded and indexed during the quarter, and closing balances; reporting begins with the quarter ending 30th September 1970, the first proforma to reach the Board by 25th October 1970 and thereafter by the 25th of the month following each quarter.
    Quarterly review of work of ITOs.
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    Reduction of tax arrears: dedicated ITO collection posts empowered to increase cash recovery and report quarterly.
    The instruction sanctions sixty dedicated ITO posts to be deployed exclusively for reduction of income tax arrears, permitting their posting as ITO (Collection) with necessary statutory powers in high arrears ranges. These officers are to focus on increasing cash collections by implementing appellate orders, carrying out rectifications, expediting advance tax adjustments, and verifying payments where records are lacking. Commissioners may place ITOs where arrears are most acute and will be held responsible for results. The Board will review progress quarterly and requires submission of a specified proforma by the 25th of the month following each quarter.
    "vegetable oils and vanaspati"
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    Export tax concession eligibility: audits required and rectifications ordered where rebates were improperly allowed.
    The instruction identifies improper allowances of export tax concessions-where export profits were offset by losses, incorrect application of the prescribed one tenth rate, misapplication of industry exclusions (notably the vegetable oils and vanaspati sector), and failures to verify temporal eligibility for items like woolen carpets-and directs Internal Audit Parties to review all such rebate allowances, take rectificatory action where necessary, and report the review results to the Board by the stated deadline.
    The Scheme for the central cyclostyling and distribution of instructions/public circulars/notifications.
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    Central cyclostyling and distribution ensures prompt reproduction and mailing of administrative instructions to designated officers.
    Establishes a central cyclostyling and distribution Cell in the Directorate of Inspection to cyclostyle, sign, reproduce and mail Board Instructions, Public Circulars and Notifications. Sections must send two approved copies to the Central Cell (retain a third on file); the Cell will process and mail issued material within ten days of receipt unless expedited issuance is requested. Commissioners and CITs must provide names and copy requirements for the mailing list; designated senior officers at stations will receive allocations for further distribution. Gazette notifications printed by the Government Press are handled by originating Sections.
    Deductions under clause (i) as it stood prior to its substitution, and under clauses (iii) to (v) as they stood prior to their omission, by Finance Act, 1974 with effect from 1-4-1975 - Clarifications on certain issues retained in the compendium for reference purposes
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    Standard deduction for conveyance: ownership and use permit deduction, including repair periods, with registration and certification requirements.
    Standard deduction for maintenance and wear-and-tear of an employee's conveyance is allowable only where the vehicle is owned and used for employment; temporary non-use during repairs is included if certified. Non-owners and owners of non-motorized conveyances are entitled to the fixed standard deduction without proving travel expense and this deduction must be considered when calculating tax at source. Ownership is determined by legal registration, and employee declarations are adequate for TDS purposes; supporting lists, vouchers and certificates should be furnished at assessment to establish amounts and employment-related proportions.
    The amount written off in these cases should be shown in a separate part of the D & CR.
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    Partial write-off authorization: permitted only when demand is definitively irrecoverable and follows prescribed sanctioning procedure.
    Partial write-off is allowed only where 90% of the demand is definitely irrecoverable; the procedure follows that for complete write-off. Sanctioning power depends on total arrears: lower-arrear cases may be sanctioned by the Commissioner or Inspecting Assistant Commissioner, while higher-arrear cases require Special Committee screening and Board consideration. Proposals not meeting the irrecoverability criterion are to be returned for recovery, and amounts written off must be shown separately in the D&CR.
    The Annuity Deposit Scheme 1966 provide for refund of whole of the deposit in relation to any particular assessment year.
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    Annuity deposit refund policy prohibits partial refunds; excess deposits must be adjusted in subsequent years.
    Annuity deposit refunds under the Annuity Deposit Scheme, 1964 and 1966 must be refunds of the whole deposit for a particular assessment year; partial refunds for excess deposits are not authorised. Deposits made in different instalments or at different places for the same assessment year must be treated collectively, and any excess may be adjusted in subsequent years as prescribed by the Schemes.
    Board’s powers - What amounts to disposal of property to attract restriction contemplated in clause (a)
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    Disposal of company property: conveyancing or usufructuary mortgages can trigger restriction on board powers.
    The Department clarifies that not all mortgages constitute a disposal of property triggering the statutory restriction: property not integral to the company's undertaking and not affecting business will not be treated as the undertaking. Mortgages that convey the charged property to the mortgagee (subject to equity of redemption) or usufructuary mortgages transferring effective control or possession should be deemed disposals and may attract the restriction, whereas assignable mortgages of the whole or substantially the whole undertaking do not necessarily engage it.
    The jurisdiction of the Commissioner to entertain a revision petition.
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    Commissioner revision jurisdiction barred only by assessee's appeal to Tribunal under section 264, not by department appeal.
    The Commissioner's jurisdiction to entertain a revision petition is barred under Section 264(4)(c) only when the assessee has preferred an appeal to the Appellate Tribunal; an appeal by the Department does not itself bar the Commissioner from exercising revision, because revision under Section 264 is a remedial avenue for the assessee and would be denied only by the assessee's appeal or waiver.
    Procedure outlined below should be followed in respect of the queries made by the Revenue Audit parties:
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    Existence of precedent: Revenue Audit queries on precedents answered; commissioners must consult Board before offering legal interpretation.
    Queries from Revenue Audit parties asking whether departmental instructions or judicial decisions cover a specific problem must be answered clearly. If the Audit seeks the Commissioner's general interpretation of a legal provision, the Commissioner should consult the Board, which may refer the question to the Ministry of Law for advice.
    Relevant assessments records in time may also be got removed.
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    Over-assessment reduction urged to cut avoidable tax appeals and prioritise clearance of long-pending cases promptly.
    Commissioners are directed to intensify measures to curb over-assessments and reduce avoidable appeals by personal supervision in charges with high appeal filing percentages; they must also prioritise clearance of long-pending 'old appeals' and remove bottlenecks such as delayed orders under the relevant provision, late remand reports and failure to make assessment records available in time.
    Expences on foreign tours u/s.37(3) of Income tax .Act,1961.
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    Deductibility of foreign tour expenses: knowledge gaining business tours deductible, trips creating assets not deductible; comply with prescribed limits.
    Admissibility of foreign tour expenses for directors, partners, proprietors or employees depends on whether the tour creates a capital asset or is revenue in nature; trips to acquire machinery or establish new undertakings are capital and not deductible, whereas tours to study industry developments or attend conferences yield knowledge enhancing business profitability and may be allowed as revenue deductions, subject to applicable prescribed limits on travel expenditure.
    Verification of the payments made by crossed cheques.
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    Crossed cheque verification: ensure payee-bank endorsement on returned paid cheques before accepting them as payment evidence.
    Verification of payments by crossed cheques requires officers to authenticate that paid cheques were genuinely crossed and processed through the payee's bank; a proper crossed cheque bears the payee-bank stamp on the reverse, and absence of that stamp indicates the cheque may have been crossed after encashment and is not reliable documentary proof of payment.
    Intelligence Wing should be concerned with prosecution u/s.277 of the I.T.Act .
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    Tax prosecution priority: intelligence units to focus on criminal tax offences while routine prosecutions are delegated for assessment work.
    Intelligence units must concentrate on prosecution for tax offences and major evasion enquiries, while routine assessment-related prosecutions are to be delegated to Commissioners and assigned ITOs with general guidance. Intelligence retains responsibility for high-value case development, liaison with other departments, association in searches and surveys, informant interviews and sensitive ministerial enquiries, but may forward lesser cases to Additional Commissioners for assessment use. Anonymous petitions and reward cases are to be managed by ITO(SIB) except where specific high-value or exceptional circumstances warrant Intelligence involvement.
    Assessment of time-barring.
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    Time-barring mitigation: prioritize high-revenue Category I income tax assessments to prevent statute-bar backlog and ensure disposal.
    Assessment time-barring prompts a directive to prioritise disposal of high-revenue Category I income-tax assessments to avoid statutory bar and reduce pendency. The Board directs that assessments for earlier years liable to become time-barred be finalised within the current year so that only later-year time-barring matters remain for the subsequent year, and requires immediate implementation to bring down Category I pendency significantly.
    The Scheme of Arrear Clearance Fortnights.
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    Arrear Clearance Fortnights promote review and liquidation of outstanding income tax arrears and mandate reporting of results.
    Arrear Clearance Fortnights are to be observed in specified periods with Commissioners of Income tax selecting convenient fortnights; during these periods arrear demands outstanding for reasons such as advance tax adjustment, payment verification, appeal effects and rectification should be reviewed and liquidated where possible. Taxpayers and professional representatives should be encouraged to present long pending adjustment and appeal matters, wide local publicity is required, and results must be reported to the Board on the prescribed proforma within the stipulated deadlines.
    The expenditure incurred in connection therewith towards stamp duty, registration fees, lawyer's fees, etc.
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    Deductibility of borrowing-related expenses recognised as revenue expenditure under income tax law; prior contrary Board instruction withdrawn.
    Expenditure incurred in connection with borrowing money - including stamp duty, registration fees and lawyer's fees - is allowable as revenue expenditure when borrowing is incidental to the carrying on of business under section 37(1). The Board has withdrawn the earlier circular that conflicted with the Supreme Court's decision, by issuing Instruction No.187/CBDT dated 6-7-1970, thereby aligning departmental guidance with the Court's ruling.
    The full administrative control of the respective Chief Auditors, and the Range I.A.Cs should not exercise control over them.
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    Administrative control of Internal Audit Parties centralized under Chief Auditors to strengthen independence and operational oversight.
    Internal Audit Parties are to be placed under the full administrative control of the respective Chief Auditors because supervision by Range IACs proved inadequate; Chief Auditors will decide weekly programmes and scrutinise Revenue Audit objections. Headquarters of IAPs at the Chief Auditor's posting is recommended to enable prompt technical advice, flexible constitution of parties to meet work exigencies, and rotational coverage to avoid discrimination.
    Certificate issued to the assessee as this information is likely to be useful for assessment purposes.
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    Issuance of Tax Verification Certificates requires disclosure, filing and payment compliance and bars certificates for obstructive legal actions.
    The certifying Income tax Officer must verify full disclosure of interests, that all due returns for the assessee and related concerns have been filed with proof, and that all tax demands have been paid except those stayed by competent authority; instalment payments due must be made. The ITO must confirm the assessee's co operation in completing pending assessments and withhold the certificate where legal actions amount to obstructive or dilatory tactics, consulting the Commissioner before final decision.
    Assessments in such cases should be reopened u/s.17(1)(b).
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    Reopening wealth-tax assessments where later valuer certificates disclose higher valuations triggers reassessment or enquiry under reopening provisions.
    Reopen wealth-tax assessments when a later valuer's certificate reveals taxable net wealth or shows higher valuations for earlier years due to incorrect particulars or a different valuation basis. If the higher valuation stems from incorrect particulars of wealth, reopen earlier assessments. If the increase arises from a different valuation basis and exceeds the prescribed variation threshold, require a plausible explanation; absent such explanation, reopen earlier assessments. Where assessments are reopened on the valuation-basis ground, do not initiate penalty proceedings.

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      The procedure regarding the seizure of the promissory notes.

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      Seizure of promissory notes can be qualified to require borrowers to pay the tax department instead of lenders.
      An order restraining a lender from parting with promissory notes can be ineffective unless qualified to require borrowers to pay the amounts directly to ... Summary

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      ActsIncome Tax