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Circulars
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Conference between Shri V. Balasubramanian, Vice President, Income-tax Appellate Tribunal and Shri N.Subramaniam, Member, CBDT.
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Tribunal-Department coordination: improve case management and documentary compliance to reduce adjournments and defective filings.
Instruction identifying operational and procedural difficulties between the Income-tax Appellate Tribunal and the Department and prescribing remedial administrative measures. It highlights case-management issues-excessive daily listings, transfers between Benches and stations, and scheduling of part-heard matters-and documentary shortcomings such as late filing of paper books, non-production of records, defective service of notices, missing remand reports, and numerous defects in departmental appeal papers. The Instruction directs advance filing and certification of paper books, prompt availability of records and remand reports, restraint on infructuous appeals, and improved procedural compliance by the Department.
Relevancy or usefulness of books of accounts and other documents u/s 132(i).
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Concession for migrant remittances relaxes documentary proof while requiring eligibility, notification, and evidentiary safeguards.
The Board permits relaxed documentary proof for sums claimed as brought from Sri Lanka by bona fide migrants arriving on or after 1 April 1983, provided the assessee satisfies conditions concerning migration date, sufficient Sri Lanka resources, absence of prior income sources or India residency assessments, and timely intimation to the Income-tax Officer; an overall monetary ceiling applies to the assessee and family. Where the claimed amount exceeds the ceiling or the assessee had prior income sources or prior residence-based assessments, acceptance requires adequate evidence to satisfy the Income-tax Officer about sufficiency of Sri Lanka sources, though proof of actual banking remittance is not mandatory.
Recovery of taxes by ignoring private transfers of property.
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Attachment of alienated property: tax recovery officers may attach transferred assets without civil suit, subject to hearing.
A Tax Recovery Officer may attach property transferred during tax proceedings without first filing a civil declaratory suit, relying on the Second Schedule's recovery procedure; transfers for adequate consideration and without notice remain valid, and procedural notice and hearing requirements must be observed. After pre attachment hearing the officer may issue attachment warrants, and once attached, Rule II objection procedures require adjudication by a speaking order, with aggrieved parties retaining the right to sue against the TRO's order.
Persons appointed in the Recovery Wing complete two to three years.
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Tenure of Tax Recovery Officers set between two and three years; administrative flexibility requires completion of minimum tenure.
The Board prescribes that Tax Recovery Officers be posted to the Recovery Wing for a period fixed between two and three years, allowing administrative discretion within that range. Commissioners must ensure officers complete at least two years in the Recovery Wing and avoid recommending denotification of persons who have not met this minimum, to prevent disruption of recovery work.
Sample Scrutiny.
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Random scrutiny selection: slip-drawn starts set sampling across income bands with annual completion and reporting obligations.
The instruction mandates a slip-draw method to determine random starts for sample scrutiny across prescribed income bands, linking specified selection percentages to each band; the Commissioner conducts numbered-slip draws per band, the procedure applies chargewide, and officers must complete selection and submit the required statement within the prescribed administrative timetable.
Reports of Public Accounts Committee.
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Administrative fairness reinforced in tax assessments; officers must verify claims and avoid harassment and ensure accountability.
An Income-tax Officer proceeded with reassessment despite the assessee's assurance and available documentary proof of earlier filing and payment, prompting the Board to take a serious view. The Board directed that such lapses be avoided, instructed that field officers be informed, and required greater care in verification during assessment and reassessment to prevent harassment and ensure accountability.
Notices u/s 143(2) and 142(1) of Income Tax Act.
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Assessment notice specificity required; hearing notices must list issues to avoid indiscriminate issuance and taxpayer harassment.
Directs that notices under section 143(2) and 142(1) must not be issued mechanically; assessing officers must review records in advance and indicate specific points or documentary requirements when issuing hearing notices. Supervisory measures require inspections by higher officers, sampling of cases above a specified income threshold to verify attached lists of points or documents, warnings against indiscriminate notices, potential disciplinary action for non-compliance, and reporting of inspection results to the Board.
New guidelines for approval of managerial remuneration ‑ Effective from April 1, 1983 in supersession of guidelines of 1978 as modified in 1979
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Managerial remuneration rules: fresh consent and formal applications required for enhanced pay and perquisites under revised guidelines.
Revised managerial remuneration guidelines effective 1 April 1983 require fresh consent in the Department's revised format; earlier consents to 1978/1979 guidelines do not suffice. Any proposal to increase remuneration or perquisites (including higher gratuity) for the unexpired period of an existing sanction requires a fresh application under section 310 supported by a board resolution and compliance with prescribed notice procedures. Ex gratia payments are not permissible. Part A perquisites are subject to a ceiling of Rs. 45,000 or annual salary, Income tax Rules govern valuation of company housing (subject to a 10% salary cap), and salary excludes commission for terminal benefit eligibility.
Interest on Cumulative deposit schemes of Government undertakings--Taxability regarding
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Accrual taxation of cumulative deposit interest requires annual reporting and disclosure by depositors to tax authorities.
Interest on cumulative deposit schemes of Government undertakings is taxable in the year in which it accrues; such interest must be treated as annual income rather than being taxed only on receipt. Government undertakings are required to inform depositors of the accrued interest amounts to enable disclosure in their income-tax returns.
Appointment of Cost Auditor in Firm’s Name
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Appointment of Cost Auditors in firm's name permitted if partners are practicing cost accountants and firm has central approval.
Approval is granted for the appointment of Cost Auditors in firm's name under sub section (2) of Section 233B of the Companies Act, 1956, conditional on all partners being practicing cost accountants under the Cost and Works Accountants Act, 1959, and the firm having been constituted with previous Central Government approval under the relevant regulation; companies may propose such appointments through their board and the Institute is requested to notify practitioners.
Corrigendum to Circular No. 368*
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Deduction of tax at source on interest from tax-free securities: specified withholding rate and surcharge under Sections 193 and 197
The corrigendum to the Board's circular amends the draft item to prescribe the withholding treatment for interest payable on tax-free government securities, specifying the applicable withholding rate and an associated surcharge to be applied by tax deductors on such interest receipts.
Pre-assessment scrutiny and drafting of questionnaires.
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Pre-assessment scrutiny: IACs and Commissioners to supervise top tax cases, draft questionnaires and issue guiding directions.
IACs and Commissioners are to be actively involved in pre-assessment scrutiny of selected top cases, including drafting questionnaires and monitoring key events; IACs should issue reasoned directions under section 144A and make effective use of section 144B to strengthen ITO orders. Directors of Investigation must also monitor progress in national top cases, and this supervisory role will inform annual performance appraisals.
Assessment u/s 16A of the Wealth tax Act, 1957.
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Statutory referral under section 16A limited to valuations made for pending wealth-tax assessments; other references non statutory.
A reference under section 16A(1) to a Valuation Officer is statutorily permissible only for the purpose of completing an assessment that is pending; if assessment proceedings are not pending, any reference to the Valuation Cell must be on a non-statutory basis and officers are directed to apply section 16A(1) only for assessment years with pending proceedings.
Monthly meetings of I.A.C.(Judicial), I.A.C(Audit) and Senior Authorised Representative.
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Administrative compliance and quality control: monthly review meetings to issue assessment guidance to income-tax officers.
Directs monthly review meetings of I.A.C.(Judicial), I.A.C.(Audit) and the Senior Authorised Representative to examine cases and identify assessment infirmities and common officer errors, and requires Chief Commissioners/Commissioners to convene such meetings and issue guidelines to Income-tax Officers based on those discussions.
Sale On High Seas
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High seas sale recognition permits bills of entry in buyer's name if contractual and title documents are produced.
Bills of Entry may be noted in the name of a High Seas Buyer/Allottee if the importer produces satisfactory evidence: a valid enforceable contract with commencement date and loss/damage provisions and the original negotiable Bill of Lading duly endorsed in favour of the buyer/allottee or a Delivery Order. Statutory conditions for importation, assessment and clearance remain the importer's responsibility; declarations, bonds and post import evidence must be furnished by the importer and benefits will be denied where the importer lacks prima facie capability to fulfil conditions.
Introduction of introduced a control over grant of appeal effect by the ITO at the level of CBDT.
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Appeal effect control: administrative oversight required to ensure appellate orders are implemented promptly across tax offices.
Administrative instructions require Income-tax Officers to give appeal effect to appellate orders within a 14-day objective, employing the appeal/revision register, Monthly Progress Reports, Central Scrutiny Reports, dossiers for large arrears, responses to judicial queries, and consolidated lists of appellate orders to detect and correct failures. Commissioners must scrutinise these reports and enquiries, while the Board receives quarterly consolidated reports from Commissioners to exercise central oversight and ensure implementation.
Giving effect to Appellate orders of ITAT.
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Giving effect to appellate orders: procedure ensures prompt implementation and monitoring by Commissioners and ITOs.
The instruction requires maintenance of a two-part register in each Commissioner's office to record receipt of Tribunal orders, forwarding of a proforma list and cover letter to ITOs, and return of completed proformas within fifteen days. ITOs must implement orders by issuing demand notices with challans or refund vouchers, withhold refunds only with Commissioner approval or adjust refunds against other demands. The ITO (Judl) records and monitors compliance, pursues delayed reports, and Commissioners review the register and submit quarterly reports to the Board on unsent notices or vouchers.
Recovery of compulsory deposit.
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Compulsory deposit recovery: unpaid shortfalls remain recoverable and may be directed by tax officers under statutory authority.
An Income tax Officer may direct payment of the compulsory deposit with reference to correct income; a part payment does not extinguish the remaining unpaid portion, which continues to be a compulsory deposit and is recoverable by the same statutory procedures applicable to full non payment.
Amount of discount could not be treated as expenditure.
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Discount on bond issue not deductible as expenditure, prior allowances must be withdrawn and recovered.
Amount of discount on issue of bonds cannot be treated as an expenditure where no payment out has occurred; the earlier Board instruction allowing such discount as a deductible loss is withdrawn and income tax officers must withdraw amounts previously allowed and take remedial action.
Whether return of income filed by an assessee before commencement of assessment year is a valid return.
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Validity of early tax returns: returns filed before assessment year commencement are permissible though may be treated as incomplete.
A plain reading of the statutory filing provision indicates no temporal prohibition making returns filed before the assessment year's commencement or before the accounting period's closure invalid. Such early filings are valid but may be incomplete, and where incompleteness is found the prescribed procedural mechanism for addressing defective or incomplete returns should be invoked.

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Whether return of income filed by an assessee before commencement of assessment year is a valid return.

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Validity of early tax returns: returns filed before assessment year commencement are permissible though may be treated as incomplete.
A plain reading of the statutory filing provision indicates no temporal prohibition making returns filed before the assessment year's commencement or ... Summary

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Acts Income Tax