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    Circulars
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    Correctness of estate duty calculations be counter checked.
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    Estate duty calculation verification required for significant appellate variations; assistant controllers must personally conduct checks and ensure compliance.
    The Board directs that all Asst. Controllers must personally counter-check the correctness of estate duty calculations in every case where an appellate decision produces a variation in duty at or above the prescribed threshold; strict compliance is required and any lapse by officers in performing these checks must be recorded and treated seriously.
    Value of asset under Wealth-tax Act due to devaluation.
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    Depreciation on enhanced cost permitted only when outstanding foreign liability is discharged after devaluation, not by wealth-tax revaluation.
    Depreciation on enhanced cost is allowed only when an assessee had an outstanding purchase or foreign-loan liability on the date of devaluation and the additional rupee liability was discharged after devaluation; enhancement of asset value for wealth-tax does not automatically permit depreciation on the enhanced amount, and where full price was paid before devaluation depreciation remains on the original cost.
    Office note to indicate tax records.
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    Tax assessment coordination: require consultation of other tax records and office note to prevent escape of income.
    Assessing officers must coordinate Income-tax and corresponding other direct tax assessments (notably Wealth-tax), completing them simultaneously where feasible; if not feasible, officers must peruse the other tax records before making an assessment to note and verify relevant points. An office note beneath the assessment order must record that relevant other-tax records were consulted and that simultaneous assessment or cross-notes have been taken/kept.
    Decisions of High Courts.
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    High Court decisions classification summarised and allocated to appeal categories, with follow-up circulation for departmental action.
    The tax Board summarised High Court decisions not accepted during the quarter and classified them into Statement B (no Supreme Court appeal pursued), Statement C (appeals filed to the Supreme Court), and Statement D (Part I: High Court refusals of leave to appeal accepted by the Board; Part II: Special Leave Petitions not granted). Statement A for accepted decisions is discontinued and the lists must be circulated to officers and authorised representatives.
    Procedure of obtaining total wealth statements.
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    Penalty reduction procedure: total wealth statements not required for small-income cases when seeking penalty waiver.
    Where a petitioner seeks reduction or waiver of penalty under section 271(1)(a), the Commissioner of Income Tax need not insist on total wealth statements at the beginning and end of the disclosure period if the total income determined in any year does not exceed Rs. 25,000, and the Board's earlier instructions are modified to that extent.
    Assessment of Political Pensions.
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    Political pensions taxable as income under Other Sources due to absence of an employer employee relationship.
    Political pensions do not arise from an employer-employee relationship with the Government and therefore are not assessable under Salaries; they must be assessed under the head Other Sources, and assessing officers are to be informed of this classification for correct income tax assessment.
    Allowance of development rebate.
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    Development rebate eligibility requires conformity with judicial precedents; prior board guidance withdrawn and assessments to be revised.
    Allowance of the development rebate is limited to reserves that conform with the judicial tests set out in the cited Supreme Court and Gujarat High Court decisions; the Board's earlier circular of 14-10-1965 is withdrawn to the extent inconsistent. Income-tax officers are directed to complete pending assessments and review past assessments applying those judicial standards, and to take the same position in appeals to secure necessary disallowance, including by enhancement.
    Correct rates of tax.
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    Correct rates of tax must be applied to wealth-tax assessments to prevent short charging and ensure compliance
    Revenue Audit identified short charges in Wealth-tax cases caused by applying outdated, lower rates from a prior assessment year. The Board directs Wealth-tax Officers to ensure the correct rates of tax are applied in assessments and to circulate this instruction to all officers to prevent recurrence and secure proper revenue realization.
    Review of all cases of Wealth-Tax assessees, having foreign assets.
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    Foreign asset valuation must be reviewed and corrected for currency devaluations, with reporting of assessment adjustments.
    The Board directs an immediate review of completed wealth-tax assessments from 1967-68 onward for assessees with foreign assets to correct failures in revaluing assets after currency devaluations. Assessments must be re-examined to detect under- or over-assessments, quantify revenue impact, and report detected cases and actions taken to the Board by the prescribed deadline. Assessing officers must apply official exchange rates and reflect devaluation or revaluation of foreign currencies in pending assessments.
    Confidential Reports of Appellate.
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    Confidential reports: Additional Commissioners to prepare specified officers' reports and assume counter signing authority under clarified procedure.
    Reaffirms that Confidential Reports for Chief Auditors and Junior Authorised Representatives are prepared by Inspecting Assistant Commissioner (Audit) and Senior Authorised Representatives respectively, with counter-signature responsibility shifted from the Commissioner of Income-tax to the Additional Commissioner. Confidential Reports for Appellate Assistant Commissioners, Inspecting Assistant Commissioners (Audit) and Senior Authorised Representatives are to be prepared by Additional Commissioners and countersigned by the seniormost Commissioner of Income-tax if an Additional Commissioner is attached to multiple Commissionerates, otherwise by the Commissioner of Income-tax.
    Serious note to be taken if any mistakes in calculation are found.
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    Mandatory recheck of tax calculations in estate, wealth and gift tax cases; personal officer verification required under central instruction.
    The Board requires Assistant Controllers of Estate Duty, Wealth-tax Officers and Gift-tax Officers to personally recheck tax calculations in estate duty, wealth-tax and gift-tax cases where demands or refunds exceed prescribed high-value thresholds, supplementing prior instructions that assessing officers must check tax calculations and that any calculation mistakes warrant a serious note; the requirement must be brought to officers' notice and strict compliance ensured.
    Deduction u/s 57 of the Income.Tax. Act, 1961.
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    Deduction under section 57: fixed proportion of agents' commission on post office time deposits permitted as deduction.
    A fixed 40 per cent of gross commission receipts is to be allowed as a deduction under section 57 when assessing commission income earned by authorised agents, extending the Board's prior treatment for sales of National Savings Certificates to commissions on post office time deposit collections.
    Definition of 'relatives'.
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    Exemption certificate renewals now annual; trustees must certify compliance with relatives provision in income tax law.
    Instruction No. 464/CBDT requires that renewals of income-tax exemption certificates be issued for one year instead of three, and that trustees jointly may be required to file a certificate stating the trust has not infringed the prohibition on benefits to relatives under section 13(1)(c), reflecting the enlarged definition of relatives and the introduction of Section 12A.
    Disposing of assessments of repatriates.
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    Capital gains treatment for repatriated personal goods permits long-term gains assessment with relaxed evidentiary requirements.
    Profits from sale of goods brought into India by repatriates from Uganda, within the specified monetary limit, are to be included for capital gains computation and assessed as long term capital gains; income-tax officers should not insist on documentary proof of holding period for classifying such assets and should apply these instructions when disposing repatriate assessments.
    Provisions of section 16(3) of Wealth Tax Act, 1957.
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    Time-limit for wealth-tax assessments: pending cases must be completed within the specified period or obtain prior approval.
    The Board directs that all pending wealth-tax assessments must be completed within four years of the end of the assessment year and that any assessment kept pending beyond this period requires specific prior approval; before according approval officers must satisfy themselves about adequacy of reasons for non-completion and take steps to ensure early completion.
    Provisions of section 271(4A) of the Income.Tax .Act. 1961.
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    Opportunity to be heard required before tax penalty or wealth-tax disposals, permitting written or oral submissions by applicant.
    Commissioners must give the affected person an opportunity to present their case, either in writing or by oral hearing, before disposing matters under the tax penalty and corresponding wealth-tax provisions; this practice is to be followed in light of the Supreme Court's observations on the exercise of revisional powers.
    Exemption u/s.5(1)(xvii) of W.T.Act would not be available in respect of the amount of provident fund retained with the Government by an assessee subsequent to his retirement.
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    Wealth tax exemption for provident fund retained with government after retirement disallowed; prior granted cases not reopened.
    Exemption under section 5(1)(xvii) of the Wealth-tax Act is not available for provident fund amounts retained with the Government after retirement; pending assessments must be completed accordingly, but assessments in which the exemption was previously allowed pursuant to the withdrawn circular should not be reopened or rectified.
    Printing of directories.
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    Taxpayer directory publication centralizes PAN and jurisdiction data, enabling standardized collation and quarterly updates for inter-office use.
    Mandated compilation and publication of taxpayer directories listing names, addresses and Permanent Account Numbers with jurisdiction codes for each Commissioner's charge, supported by a Bombay Directory Cell and engagement of a printing contractor; quarterly cumulative addenda will record additions, deletions and jurisdiction changes. ITOs must prepare typed, batched lists (separating representative assessees), apply specified numbering and control-slip procedures, and transmit copies and Control Statements to Commissioners and designated directorates for collation and onward submission.
    Mode of sale of the property whether by auction or through negotiation by the assessee.
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    Mode of sale discretion: commissioners may order auction when taxpayer's recalcitrant conduct seeks to delay recovery.
    Commissioners retain discretion over the mode of sale of property for recovery of tax arrears and should exercise caution before allowing negotiated sale where the assessee's conduct causes repeated postponements; if the Commissioner considers the assessee recalcitrant, he may proceed to auction without offering an opportunity for negotiated sale to prevent delay and disruption of recovery.
    Applicability of section 194C to service contracts - Clari­fication regarding Supreme Court judgment in Associated Cement Co. Ltd. v. CIT [1993] 67 Taxman 346/201 ITR 435
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    Deduction at source under section 194C covers service and transport contracts, expanding withholding obligations where payments exceed threshold.
    Applicability of section 194C expands withholding obligations to payments for any work, including service and transport contracts, and covers both written and oral contracts where work is performed for the payer. Exclusions include contracts that are in substance sales of goods, hiring or renting of equipment, and specified banking services. Compliance rules require deduction when total payments exceed the statutory threshold, treatment of advance payments, retrospective deduction if expectations change, and availability of exemption certificates for recipients not liable to tax; contractors must deduct on payments to resident sub-contractors at a lower prescribed rate.

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      Confidential Reports of Appellate.

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      Confidential reports: Additional Commissioners to prepare specified officers' reports and assume counter signing authority under clarified procedure.
      Reaffirms that Confidential Reports for Chief Auditors and Junior Authorised Representatives are prepared by Inspecting Assistant Commissioner (Audit) and ... Summary

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      ActsIncome Tax