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    Partners should be assessed in the Ward/Circle where the firm is assessed.
    Explanation to clauses (xxxi) & (xxxii) of sub-section (i) of section 5 of the Wealth Tax Act.
    Deduction under section 37 of the Income-tax Act.
    Exemption limit raised - Employees drawing salary between Rs. 8,000 and Rs. 10,000 - Adjustment of tax deducted at source during financial year 1977-7...
    Tax calculations be indicated in the assessment order.
    Mistake arising as a result of subsequent interpretation of law by Supreme Court - Whether constitute mistake apparent from the record
    Delay in disposal of applications u/s 80G of Income Tax act 1961.
    Representation of Cotton Mills Federation (ICMF).
    Income-tax, Corporation-tax and Interest tax in respect of multi-Commissioners' charges.
    Contributions made under the Central Government Employees' Insurance Scheme - Whether eligible for relief under clause (a)(i) of sub-section (2)
    Tax on the fees received by Missionaries and subsequently made over to the society.
    Income-tax both on the incomes of company assessees and non-company assessees.
    Death of an assessee should be informed to Assistant Controller of Estate Duty.
    Selection of the appropriate form of chalan for payment of direct taxes and its proper filling up by the taxpayer-regarding
    Annual accounts - General ‑ Drawing up of final accounts in respect of companies which are under process of amalgamation
    Provision for gratuity not shown in balance-sheet and extent of company’s liability on account of gratuity also not disclosed
    Sole selling agents - Appointment to be approved by Government ‑ Subsequent increase in paid‑up capital of company ‑ Effect on appoi...
    Failure to apply the higher rates of Income-tax and Wealth-tax leviable on HUFs.
    "Departmentalised Accounting System for Direct Taxes Receipts and Refunds".
    Deduction under section 80-J case of expansion of an existing industrial unit.
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    Partners should be assessed in the Ward/Circle where the firm is assessed.
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    Assessment of partners in same ward as firm, with simultaneous disposal and no provisional adoption of share income.
    Partners must be assessed in the same Ward/Circle where the firm is assessed, and their assessments should not be automatically classified as scrutiny simply because the firm is under scrutiny. Assessments of firms and partners should be disposed of simultaneously, avoiding completion of partners' cases by provisionally adopting share income. No partner's case may be completed by provisional adoption of share income if the firm's assessment is to be finalised under the Summary Assessment Scheme.
    Explanation to clauses (xxxi) & (xxxii) of sub-section (i) of section 5 of the Wealth Tax Act.
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    Industrial undertaking classification excludes specified processing units from net wealth under the Wealth Tax Act, subject to statutory ceiling.
    Tanneries, rice mills, dal mills, oil mills and brick kilns are to be treated as industrial undertakings under the Explanation to clauses (xxxi) and (xxxii) of section 5(1) of the Wealth Tax Act; their relevant assets are excluded from net wealth calculations, subject to the statutory ceiling.
    Deduction under section 37 of the Income-tax Act.
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    Deductibility under section 37: payments for non-fulfilment of production quota treated as business expense and allowable.
    Payments made by producers in lieu of non-fulfilment of prescribed production quotas are not penalties but business options exercised due to business exigencies and are allowable as deduction under section 37; the Board directed withdrawal or concession of pending appeals and instructed Commissioners to withdraw or concede such matters, noting the Gujarat High Court decision as sound in law.
    Exemption limit raised - Employees drawing salary between Rs. 8,000 and Rs. 10,000 - Adjustment of tax deducted at source during financial year 1977-78 against tax deductible from sal­aries
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    Exemption limit increase allows employers to adjust excess TDS from lower earning employees against future salary tax liabilities.
    Employers may offset tax previously deducted on behalf of employees whose estimated annual salary falls below the raised exemption limit by reducing total tax deducted and progressive figures in Form No. 21 for subsequent months, after quantifying the surplus payment per employee. They must enclose a list of affected employees and surplus amounts, revise earlier Form No. 21 returns up to the adjustment month and submit them to the Income-tax Officer; exempted payers must still file separate monthly returns for affected employees up to the adjustment month. A certificate confirming reimbursement must accompany the adjustment-month return and individual TDS certificates must indicate the excess refunded due to the raised exemption limit.
    Tax calculations be indicated in the assessment order.
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    Tax payable indication in assessment orders: require disclosure of tax computation or provision of Form ITNS-150 to the assessee.
    Income-tax Officers must indicate the tax chargeable/payable in the assessment order for companies and, where summary-assessment does not apply, state that tax has been determined as per ITNS-150 and send a copy of that form to the assessee; summary-assessment cases need not separately include ITNS-150 because the scheme incorporates the tax calculations.
    Mistake arising as a result of subsequent interpretation of law by Supreme Court - Whether constitute mistake apparent from the record
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    Mistake apparent from the record: Supreme Court reinterpretation permits rectification under tax and estate duty laws procedures.
    A prior Board circular treated a mistake apparent from the record as encompassing errors revealed by subsequent Supreme Court interpretation and authorised rectification under the Income tax rectification provisions; the present circular clarifies that those instructions apply mutatis mutandis to the Estate Duty Act, permitting analogous rectificatory action under the Estate duty rectification provision.
    Delay in disposal of applications u/s 80G of Income Tax act 1961.
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    Donation certificate processing: applications must be disposed within prescribed timeframe to prevent hardship to charities.
    Applications for certificates under section 80G must be disposed of within ninety days of receipt; Commissioners must draw up a programme for disposal and ensure no application remains undisposed for more than ninety days to prevent hardship to charitable institutions dependent on donations.
    Representation of Cotton Mills Federation (ICMF).
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    Business expense deductibility for payments to an industry federation for obligation transfers, receipts taxed as business income.
    Payments by transferor textile mills of registration fees to the federation and payments to transferee mills under transfer agreements are expenditures laid out wholly and exclusively for business and allowable as deductions under the statutory deductibility provision; payments received by transferee mills for undertaking production obligations are revenue receipts taxable as business income.
    Income-tax, Corporation-tax and Interest tax in respect of multi-Commissioners' charges.
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    Allocation of tax collection targets: CIT wise targets and reporting must be prepared, allocated and monitored for net budget collections.
    Each Cs.I.T.-I must consult colleagues to formulate and allocate CIT wise targets of net budget collections, forward a copy of allocations to the Board and the concerned Member, and ensure Central/Local Treasury Units send a CIT wise statement of net budget collection so Cs.I.Ts can monitor progress and ensure prompt entry and posting of challans in Daily Collection and Demand & Collection Registers.
    Contributions made under the Central Government Employees' Insurance Scheme - Whether eligible for relief under clause (a)(i) of sub-section (2)
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    Tax relief for insurance contributions under section 80C applies to Central Government Employees' Insurance Scheme contributions subject to limits.
    Contributions by Central Government servants to the Central Government Employees' Insurance Scheme qualify for relief under section 80C, subject to the qualifying amounts prescribed in section 80C(4). The scheme covers regular Central Government employees (excluding railway servants and those on Defence Services Estimates) and provides an insurance cover, with monthly contributions eligible for deduction only within the statutory limits.
    Tax on the fees received by Missionaries and subsequently made over to the society.
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    Exemption for missionaries' fees protects donations transferred to congregation from individual income taxation under income tax rules.
    Where fees or other earnings received by members of religious congregations are to be made over to the congregation, an overriding title vests in the congregation and those receipts are not taxable in the hands of the individual missionary. The exemption applies only to the individual's liability; taxability is transferred to the institution if the missionary's income is assessed with the congregation's income and the institution meets the conditions for income-tax exemption under section 12A.
    Income-tax both on the incomes of company assessees and non-company assessees.
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    Use of correct challans ensures proper classification of corporation-tax, income-tax and surcharge and accurate accounting.
    The instruction requires immediate supply and use of appropriate challans and correct sub headwise completion of challan counterfoils to ensure accurate classification of direct tax receipts. It emphasises the distinct accounting treatment of Corporation tax, Income tax (divisible with States), Interest tax, and Surcharge (Union), directs local printing or stamping of account heads if forms are unavailable, and mandates organisational meetings and taxpayer education to prevent misclassification.
    Death of an assessee should be informed to Assistant Controller of Estate Duty.
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    Estate duty notification requirement: officers must promptly report an assessee's death and share asset valuation with relevant officers.
    Officers who learn of an assessee's death must notify the Assistant Controller of Estate Duty and provide information relevant to estate duty assessment where the estate's principal value is likely to exceed the threshold. The Assistant Controller must prepare lists of devolving assets with market values for estate duty purposes and communicate those lists to the ITO/WTO having jurisdiction over the accountable persons, and must inform officers of any information relevant to assessment under other direct tax laws.
    Selection of the appropriate form of chalan for payment of direct taxes and its proper filling up by the taxpayer-regarding
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    Appropriate chalan selection ensures correct tax credit and classification; include full taxpayer details and surcharge separately.
    Selection of the appropriate form of chalan is required for various direct tax payments so departmental records correctly classify payments and taxpayers obtain credit. Each counterfoil must show the taxpayer's full name, complete address, permanent account number (where allotted), assessment year and the ITO ward or circle. A list of current chalan forms with printed numbers is provided. If the correct chalan is unavailable contact the nearest Income tax Officer or Public Relations Officer. Surcharge must be separately computed and shown in the chalan.
    Annual accounts - General ‑ Drawing up of final accounts in respect of companies which are under process of amalgamation
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    Annual accounts obligation continues during pending amalgamation; transferor company must prepare and file accounts until scheme sanctioned.
    Annual accounts and associated duties of preparation, presentation, circulation and filing remain obligatory for a transferor company until the court makes the amalgamation order and the amalgamation scheme is sanctioned; these statutory obligations must be complied with as and when they become due during the pendency of the amalgamation process.
    Provision for gratuity not shown in balance-sheet and extent of company’s liability on account of gratuity also not disclosed
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    Gratuity liability disclosure: omission or inadequate provision requires disclosure and auditor qualification where actuarial estimate is absent.
    Provision and disclosure of gratuity liability are required for true and fair accounts; where no provision or an inadequate provision is made, the estimated accrued liability or shortfall must be disclosed. Acceptable methods include cash basis, accrual basis and a separate gratuity fund; actuarial valuation is recommended (generally at least triennially) to determine accruing liability, and where actuarial methods are not used the basis must be disclosed. Under provision or uncovered fund deficits must be noted. Tax considerations permit gross or net of tax measurement provided future taxable profits justify netting.
    Sole selling agents - Appointment to be approved by Government ‑ Subsequent increase in paid‑up capital of company ‑ Effect on appointment ‑ Whether requires approval of Central Government
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    Statutory approval for sole selling agents not required retroactively when approval was unnecessary at appointment, continuance unaffected.
    If statutory approval was not required when a company entered into an agreement with sole selling agents, the company is not obliged to obtain Central Government sanction later for the continuance of that appointment for its current tenure, even if a subsequent increase in paid up capital would otherwise bring the appointment within the approval provision.
    Failure to apply the higher rates of Income-tax and Wealth-tax leviable on HUFs.
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    Higher tax rates for HUFs require departmental review and correction of past assessments and recording of review.
    The Board directs supervisory staff to review tax calculations for assessment year 1974-75 and subsequent years to identify and rectify failures to apply the higher rates of Income-tax and Wealth-tax to HUFs with at least one member having taxable income or wealth, and requires a footnote on the current ITNS 154/W.T. assessment form recording that the tax calculations for 1974-75 and onwards have been reviewed.
    "Departmentalised Accounting System for Direct Taxes Receipts and Refunds".
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    Tax deduction at source accounting delegates deposit, reporting and suspense handling to ZAOs and CITs under departmentalised system.
    ZAOs obtain cheques/drafts and schedules from Accountants General, deposit proceeds with focal banks and inform the relevant CIT on receipt of bank scrolls; the CIT initially books amounts under the major head for income taxes and reports them in the Monthly Telegraphic Net Collection Report. ZAOs must provide detailed major/minor/sub-head break-ups for the Additional Information Statement; delayed break-ups are shown against a designated suspense head and cleared when particulars arrive. In multi-CIT States ZAOs supply treasury-wise figures to enable charge-wise allocation and ensure transmission of TDS figures for annual salary returns, while the CIT receiving intimation adjusts budget targets accordingly.
    Deduction under section 80-J case of expansion of an existing industrial unit.
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    New industrial undertaking test determines tax deduction eligibility when expansion yields a separately identifiable, viable unit.
    Deduction under section 80-J is available only if a new industrial undertaking is formed, shown by substantial fresh capital investment in a distinct unit, employment of requisite labour, manufacture of identifiable articles, profits attributable to the new unit, and a separate physical and organisational identity enabling the unit to be viable on its own; mere expansion that becomes inextricably part of the existing unit does not qualify.

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      Delay in disposal of applications u/s 80G of Income Tax act 1961.

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      Donation certificate processing: applications must be disposed within prescribed timeframe to prevent hardship to charities.
      Applications for certificates under section 80G must be disposed of within ninety days of receipt; Commissioners must draw up a programme for disposal and ... Summary

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      ActsIncome Tax