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    "Where the amount of interest to be reduced or waived exceeds Rs.1,000" may be substituted.
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    Interest waiver threshold revised; tax officers to refer only substantial waiver cases to higher authority under Rule 40.
    The Board amends prior guidance so Income Tax Officers are to refer to the I.A.C.s only cases where the amount of interest to be reduced or waived exceeds Rs.1,000, substituting that phrase for the earlier wording in paragraph 3 of Instruction No.1101 and limiting referrals under sub rules 1 to 4 of Rule 40 to matters above that threshold.
    Working of the Summary Assessment scheme.
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    Summary assessment scheme requires verification procedures, disallows challan counter foils as sole proof, and mandates rigorous pre assessment scrutiny.
    Summary assessment requires verification of case type with a rubber stamp on the order sheet rather than filling a full check-list; pre-paid tax credit cannot rest on challan counter-foils and must be verified from the daily collection register. Instruction No.1072's conditions and monetary limits govern inclusion in summary assessment even where earlier appeals are pending. Pre-assessment scrutiny is essential, must be thorough, and general-purpose additions must have adequate supporting data.
    Queries regarding withdrawals.
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    Prima facie withdrawal inquiries: restrict questions to cases showing abnormal withdrawals after comparing recent and earlier drawings.
    Assistant Controllers of Estate Duty must not raise withdrawal queries routinely but only where a prima facie need exists; they should compare drawings in the two years before death with earlier withdrawals and consider the deceased's financial status, raising queries only if something extraordinary or abnormal appears.
    Deduction from the income of banks and institutions.
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    Deductibility of remitted interest: banks may treat voluntary write offs as trading losses where commercially expedient.
    Voluntary remission or write off of interest by nationalised banks and public financial institutions, undertaken in the course of ordinary lending business as a bona fide commercial expedient to protect recoveries or avert larger losses, may be regarded as a trading loss incidental to their business and allowed as a deduction; each case must be decided on its own merits.
    Notice u/s.226(3) Income Tax Act for recovery of certain income-tax dues from an individual.
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    Garnishee notice particulars must be furnished to financial institutions to enable recovery and prompt payment to tax authorities.
    Notices under section 226(3) and orders under rule 26(1) must include all available particulars of Annuity Deposit Certificates and other Government securities when served on public financial institutions; if distinguishing numbers are not immediately available, the officer must send existing information with the original notice and supply full additional particulars obtained from records or enquiries within a short specified period thereafter.
    Procedure for giving credit to a tax payer.
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    Tax credit verification: simplified bank receipt-scroll checks and relaxed challan procedures to credit taxpayers for subsequent payments.
    Extension of a relaxed procedure permits crediting taxpayers when the original receipted challan is missing by allowing verification from a bank's Receipt Scroll for payments made after the earlier cutoff. The instruction mandates strict entry and filing of challans in Daily Collection Registers/D&CRs, preservation and binding of receipt scrolls in CTUs/LTUs, maintenance of a Tax-Payment Verification Register for checks, local printing of prescribed forms with later central supply, and managerial oversight and inspection to clear pending missing-challan credit cases.
    Delay in speedy distribution of challans by CTUs/LTUs.
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    Timely challan distribution required to ensure prompt posting and file placement, with supervisory certification and compliance checks.
    CTUs/LTUs must clear bulk receipts by deploying extra staff or overtime so that challans received from focal-point bank branches reach ITOs within 5-7 working days; all challans received up to end-December 1978 are to be distributed and, where required, posted in the D & CR and placed on taxpayer files by 15 January 1979. CITs must obtain ITO certificates of posting and file placement and send a consolidated certificate to the Board by 31 January 1979. System Teams should test-check completion and report lapses for action.
    Additional price payable to cultivators of sugarcane allowed as deduction in year in which additional liability arises.
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    Deductibility timing for additional sugarcane price: deduction when liability arises; self grown cane valued and deducted when utilised.
    Additional price payable to sugarcane cultivators is deductible in the year the additional liability arises for market purchases, while for self grown sugarcane the market value is deductible in the year it is utilised as raw material; revisions of price are referable to the year of utilisation. Procedural remedies include filing a revised return, presenting claims in appeal, applying for administrative revision after completion of assessment, and invoking hardship relief where appropriate.
    Proceedings of Settlement Commission.
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    Settlement Commission proceedings: standards for objections and departmental representation affect case processing and jurisdiction and immunity referrals.
    Commissioners must supply the representing CIT with the case file and advice at least seven days before Settlement Commission hearings, have assessing officers brief and attend hearings with complete records, and respond promptly to Commission reports. Objections that concealment or fraud has been or is likely to be established require a realistic evaluation of law and evidence, an opportunity for the applicant to be heard, and recorded reasons if the objection is maintained. Assessing officers retain jurisdiction until the Commission allows the case to proceed, and Commissioners should seek views of other relevant authorities where immunity from prosecution under other Central Acts is implicated.
    PAC's 78th report for 1977-78.
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    Review of executive salary assessments urged; tax treatment and application of disallowance provisions must be scrutinized and reported.
    The Board directs review of assessments of top executives in specified industries to verify proper taxation of salaries and perquisites and to ensure no tax evasion, and requires review of the employing companies with particular reference to the application of disallowance provisions affecting deductible payments; Income Tax Officers must consider these points when finalising assessments and submit a consolidated report using the prescribed proforma by the stipulated deadline.
    Proposals u/s.127(1) of the Income Tax Act, 1961 for the transfer of jurisdiction over Income-tax cases.
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    Transfer of jurisdiction: notify the Board before changing the responsible income-tax officer during pending transfer proposals.
    Commissioners must forward proposals under 127(1) with a draft order specifying the Income tax Officer from whom jurisdiction is to be transferred, and must not effect intra charge transfers of such cases while the Board is considering them; if an unavoidable transfer occurs, the Board must be notified immediately to avoid corrigenda or cancellation of its orders.
    Provisions u/s Sec.185(5),Income Tax Act 1961.
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    Refusal of registration applies only to initial applications; cancellation requires notice and an opportunity to be heard.
    Refusal of registration is limited to initial registration applications where ex parte best judgement assessment grounds exist; where registration already exists or continues by declaration, the ITO must invoke cancellation procedures, giving not less than fourteen days' notice and a reasonable opportunity to be heard, and must record a separate positive order of refusal or cancellation rather than merely treating the firm as unregistered in an assessment order.
    Provisional assessments u/s.7 of Companies (Profits) Surtax Act, 1964.
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    Provisional assessments under Companies Profits Surtax Act must be completed and demand collected within the financial year.
    Provisional assessments under the Companies (Profits) Surtax Act, 1964 should be completed where regular assessments cannot be finalised within the financial year; they may be made after the statutory period for furnishing returns of chargeable profits has expired even without such returns, and officers must raise and seek collection of the resulting demand within the same year.
    Quota of inspection work for IACs.
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    Inspection quota for IACs: compliance with prescribed inspection targets and case selection required, noncompliance to attract administrative notice.
    Quota of inspection work for Inspecting Assistant Commissioners (IACs) is prescribed with Territorial ranges given higher allocation than Central and Companies ranges. The Directorate of Inspection's review noted a significant shortfall in inspections completed against programme targets and that some IACs carried out no inspections. Supervisory officers are instructed to require IACs to perform inspections as per quotas and guidelines, with failures attracting serious administrative notice, and to ensure inspections focus on important cases rather than routine work.
    Refunds should be issued promptly.
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    Prompt refund issuance required to prevent undue hardship despite absence of interest entitlement under estate duty instruction.
    The Board directs that refunds under the Estate Duty Act be issued promptly and, in any event, not later than three months from the date of the order producing the refund; delayed payments by Assistant Controllers of Estate Duty cause undue harassment and there is no statutory provision for payment of interest on delayed refunds.
    'Interest on Securities' u/s 194 A of the Income.Tax.Act, 1961.
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    Credit of income to payee's account triggers TDS only when actually credited or paid, not on posting to liability accounts.
    The timing for withholding under section 194A is tied to payment or the credit of the income to the account of the payee. Posting interest to an "Interest Payable Account" or "Liability for Expense Account" under mercantile accounting does not amount to crediting the payee's account and therefore does not trigger the obligation to deduct tax at source until the interest is actually paid or credited to the payee.
    Arrears of annuity.
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    Write-off authority limits for irrecoverable annuity deposits aligned with income-tax arrears procedure; aggregate outstanding triggers review.
    Irrecoverable arrears of annuity deposits are to be written off under the same write-off and scaling-down procedure as income-tax arrears, with delegated authority limits applied according to the aggregate outstanding amount of annuity deposit and income-tax from a taxpayer; officials must review and write off irrecoverable annuity arrears, and previously separated cases need not be re-referred unless the combined outstanding exceeds the threshold for higher approval.
    Calculation of percentage limits of entertainment expenditure under section 37(2A) - Modification to para 24.2 of Circular No. 202, dated 5-7-1976
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    Entertainment expenditure limits: percentage limits must be calculated before deductions for development and investment allowances.
    The percentage limits for entertainment expenditure under section 37(2A) are to be calculated with reference to the quantum of profits and gains of the business or profession as computed before allowing deductions for development rebate, development allowance, entertainment expenditure, and investment allowance admissible under section 32A.
    Agreement shall take effect from the date on which the instruments of Ratification are exchanged.
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    Agreement effective date confirmed upon exchange of instruments in New Delhi, bringing the treaty into force.
    The Agreement takes effect upon exchange of instruments of ratification in New Delhi; that exchange occurred on 3-8-78 and the Agreement therefore came into force with effect from 3rd August 1978.
    Monthly additional information statement of collections sent to the Board by the 30th of the following month.
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    Deadline change for tax estimate submissions requires Commissioners to follow a revised timetable and simplified proforma.
    The Board revised the internal submission timetable because monthly collection statements will be sent by the 30th of the following month; accordingly, 4 monthly and 6 monthly Budget Estimates for Income tax, Corporation tax and Interest tax must be furnished to the Board on the Board's revised due dates and Commissioners must rigidly adhere to them. The 9 monthly Estimates due date remains unchanged, but the Board simplified the proforma and requires submission in the new proforma (not form ITNS 71) addressed to the designated desk officer by the prescribed annual cut off.

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      PAC's 78th report for 1977-78.

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      Review of executive salary assessments urged; tax treatment and application of disallowance provisions must be scrutinized and reported.
      The Board directs review of assessments of top executives in specified industries to verify proper taxation of salaries and perquisites and to ensure no ... Summary

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      ActsIncome Tax