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    Circulars
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    Relief under section 80 C(f).
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    Deduction for cumulative time deposits in family members' names permitted where funds derive from depositor's income and subject to limits.
    Deduction under section 80C(f) applies to cumulative time deposits made by an individual in the names of his wife and minor children provided the deposited amounts are from the individual's income chargeable to tax. Multiple accounts do not bar the deduction. The total eligible contribution to the cumulative Time Deposit scheme, when combined with payments like life insurance premiums and provident fund contributions, is subject to the statutory aggregate limit prescribed by the relevant provision.
    Exemptions available to trusts u/s.11 and 12.
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    Trust exemption scrutiny: centralise review of exemptions and avoid undue delays in issuing refunds or exemption orders.
    All trust cases must be reviewed following the Finance Act amendments, centralising handling under one or more designated officers according to workload, or assigning dispersed cases to the senior Income Tax Officer in each place; thorough scrutiny is required while ensuring no undue delay in issuing refunds or exemption orders under the charitable-giving exemption provision, and Commissioners of Income Tax must implement these directions immediately.
    Application u/s 185.
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    Concession of reference application under income tax procedures directs administrative acceptance of the assessee's reference.
    Instruction No. 338/CBDT dated 26-10-1970 records that the Board agreed the reference application filed by the assessee should be conceded, directing administrative guidance that the reference need not be contested in line with the cited correspondence.
    Rebate on the dividend recieved from company to company.
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    Inter corporate dividend rebate must be computed on net dividend after deductible expenses, with audits to ensure compliance.
    The rebate on inter corporate dividend must be computed on the net dividend income after deducting expenses incurred in earning that dividend; assessing officers must apply this mode of calculation and Internal Audit teams must report any deviations to ensure compliance.
    Checking of tax calculations by ITOs.
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    Personal checking of tax calculations required in high-income cases; ITOs must verify and clerical lapses addressed.
    Instruction mandates personal checking of tax calculations by Income Tax Officers in high-income cases, rejects delegation of that duty to Tax Calculation Cells, and asks the Directorate (I.T. & Audit) to suggest crediting such checking in units of disposal; it also requires addressing supervisory and clerical lapses under the office manual.
    Report to concerned IAC for the adequacy of the reasons for the delay.
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    Timely assessment orders: pass immediately or within fourteen working days; any delay requires supervisory justification and escalation.
    Assessment orders must be passed immediately after the final hearing or, in complex cases, within fourteen working days of the last hearing; deviations are discouraged and require a written report from the assessing officer to the Inspecting Assistant Commissioner, who must be satisfied with the adequacy of reasons, failing which the Commissioner is to be notified.
    Effect of non‑filing ‑ Whether penalty under section 629A would be attracted if director continues to act as such without filing his consent
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    Director consent filing requirement: failure to file attracts penalty but consent can be filed with fee or condonation
    Continuing to act as a director without filing the consent within the period specified in section 264(2) attracts the penalty under section 629A; the consent may subsequently be filed on payment of the additional fee under section 611(2), and the Central Government may condone the delay under section 637B to remove the prohibition.
    The spreadover of income.
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    Spreadover of income permitted where evidence shows earlier earning, subject to administrative discretion and time limits.
    Spreadover of income may be permitted when evidence shows assets represent income of earlier years; Sections 68-69B are enabling and do not preclude allocation to prior years. Spreadover must not be used to shift income to years before business commencement, after peak credit, or into loss years without reasonable basis. The Commissioner of Income Tax may grant spreadover where circumstantial evidence (large sales, licences, quotas, etc.) indicates multi year earning, subject to a conventional duration limit and higher approval if that limit is to be exceeded.
    Monetary limit for the assessment u/s 143(3).
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    Monetary limit for assessment increased, expanding small income coverage while retaining sample scrutiny and audit test checks.
    Monetary limit for assessments under section 143(3) is raised for the small income scheme, applying also to partner cases, and remaining subject to existing conditions. Selection rules require commissioner-determined scrutiny of 10% of intermediate business-income cases with an element of surprise; a 2% sample check for other scheme cases (increaseable by the commissioner); and a 20% test check by the Internal Audit wing for assessments within the enhanced limits.
    Deduction u/s 80K claming deduction u/s 80J.
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    Deduction entitlement under section 80K follows the company's entitlement to section 80J even if not allowed due to lack of profits.
    A shareholder may claim a deduction under section 80K if the company is legally entitled to a deduction under section 80J, regardless of whether that deduction was actually allowed to the company due to insufficient profits; however, shareholders cannot claim any additional deduction when the company later utilises a carried forward deficiency that is allowed in the company's hands.
    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 the tax department; where recovery is at risk, seizure action should be taken. The authorised officer may direct borrowers to pay the department and may seize promissory notes and invoke the replacement-in-money provision to obtain monetary replacement before returning the notes.
    Directive issued by Reserve Bank for obtaining bank loans against security of company shares
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    Regulation of bank advances against shares requires transfer of title and exclusive voting rights or recall of loans.
    Banks must ensure advances secured by shares (above an exempted limit) result in transfer of the shares into the bank's name with exclusive voting rights exercisable without restriction; where contractual restraints exist banks must notify borrowers, substitute agreements removing such restraints or recall the advance if borrowers refuse. Composite securities must be segregated to apply share-specific rules; advances against partly paid shares require prior regulatory approval; voting by banks on pledged shares is restricted without prior authorization. Short-term broker-held shares and smaller advances are exempted to avoid operational hardship.
    The assessee's claim for development rebate on certain assets.
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    Development rebate: notify prior asset transfer and seek directions to enable withdrawal when statutory time-bar impedes action.
    Whether a granted development rebate can be withdrawn when assets were transferred before the grant but the statutory period for initiating withdrawal expired; assessing officers should notify the adjudicating forum of prior transfers and seek directions to enable withdrawal where justified to prevent unintended benefit from procedural delay and time-bar limitations.
    Names of the assessees on whom penalties more than Rs.5000 should be published in Gazette of India and important local newspaper.
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    Publication of assessee penalties: only individual penalties exceeding the per assessment year threshold require Gazette and newspaper disclosure.
    Publication in the Gazette and important local newspapers is required only for penalties which individually meet or exceed the prescribed monetary threshold for a particular assessment year; multiple penalties across assessment years must not be aggregated to determine publication eligibility, and where multiple assessment-year penalties occur in a financial year, only those individual penalties exceeding the threshold are to be published.
    Waiver or of abandonment of government revenues.
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    Waiver of government revenues: cancellation of wrongly issued recovery certificates is not waiver, authorities may amend notices under procedural rule.
    Cancellation or non-enforcement of a wrongly issued recovery certificate is not a waiver or abandonment of government revenues where no amount is due; Tax Recovery Offices may amend earlier notices by invoking rule 87 of the Second Schedule to address costs of execution, with the Board endorsing this procedure for cases falling within the prescribed small-cost threshold.
    Scope of the order u/s.132(1)(c)(iii) and of order u/s.132(3).
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    Search and seizure powers can lawfully extend to other government departments, subject to prior courteous notification.
    Orders under search and seizure provisions may be validly directed at sister departments to seize documents, money, bullion or other valuables or to restrain them from parting with such items; the Commissioner or assessing officer should send a polite official communication to the sister department explaining the circumstances and provisions authorising the action.
    Provision for estimated service gratuity payable to its employees -Deduction under section 37(1) and section 40A(7) after its insertion by the Finance Act, 1975, with effect from 1-4-1973
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    Deduction for gratuity provisions disallowed where merely held in accounts; approved fund contributions and payable gratuities remain deductible.
    An amendment prevents deduction for mere provisions for gratuity recorded in employers' books, while preserving deductibility for contributions paid to approved gratuity funds and for gratuities that have actually become payable. Earlier Board guidance that actuarial provisions represented real liabilities and were deductible was withdrawn in light of later judicial decisions; subsequent clarifications require year-by-year allowance only for provisions made in that year, distinct accounting for prior-service gratuity liabilities, and employee-specific actuarial consideration.
    Proper processing of challans.
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    Proper processing of tax challans required; uniform procedures to be issued and copies forwarded for departmental compliance.
    The Board directs a review of local practices and issuance of detailed instructions to ensure proper accounting, posting, placement and verification of challans, recommending adoption of an enclosed model circular with local modifications and consultation with the Accountant General where necessary, and requires a copy of the issued instructions to be forwarded to the O & P Division within one month.
    Forms for obtaining information about undisclosed incomes.
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    Undisclosed income investigation: standardized proforma enable information gathering while avoiding harassment to small taxpayers and ensure selective use.
    Instruction prescribes standardized proforma for investigating undisclosed income, comprising three forms covering investments, expenditure and miscellaneous points to consolidate useful inquiry items, assist assessing officers in extracting information to establish concealment, and create statements usable later in proceedings; the Board requires these forms to be made available to officers involved in discovery of concealed income but directs selective, non-routine use in consultation with the IAC to avoid harassment of small assessees.
    Procedure by a written show-cause notice to prove the nature and source of the cash credits.
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    Onus of proof on taxpayer: require written show cause and production of lenders before treating cash credits as income.
    The onus of proving cash credits or loans in the taxpayer's books is on the taxpayer, who must be asked by written show cause notice to establish the nature and source and to produce discharged hundi khokas or other proof. Documents should be proved by producing the signatory lenders; affidavits or confirmatory letters are insufficient unless the lender is produced for identification and examination. Failure by the taxpayer to produce or request production of the alleged lender permits the ITO to reject such uncorroborated evidence after recording that fact. Confessional statements require independent corroboration and additions must reflect the taxpayer's failure to prove the credits.

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      6DD relating to sec.40A(3) in respect of certain expenditure.

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      Section 40A(3) amendment requires assessing officers to apply amended rule 6DD when determining expenditure admissibility.
      The Board withdraws its prior instruction and notes that rule 6DD, as amended by the Income Tax (4th amendment) Rules, 1970, governs admissibility of ... Summary

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      ActsIncome Tax