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    Refund orders be sent by Registered Post acknowledgement due within seven days of passing of order.
    Deduction of tax at source under section 195 of the Income-tax Act, 1961, from payments to non-residents where tax is to be borne by the payer—Clari...
    Survey Organisation.
    Simple interest at 12% p.a if a return is filed after the specified date.
    Taxation of dividends received from United Kingdom
    Deduction of tax at source--Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961—Interest on Government Securities--Rates of tax app...
    Assessment proceedings in case of deceased under Income-tax, Wealth-tax and Gift-tax Acts.
    Difficulties faced by the Valuation Officers.
    Provisional assessments in cases of banking companies.
    Amendment made by Finance (No. 2) Act, 1980.
    Section 264(4)(c) of the Income-tax Act, 1961--Scope of the expression 'subject of an appeal'--Clarification regarding
    Deduction of tax at source--Section 194BB of the Income-tax Act, 1961--Deduction from income by way of winnings from horse races--Rates of tax for the...
    Deduction of income-tax at source--Section 194B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles--Rates of tax a...
    Functioning of the Recovery Officers.
    Provisions of Section 179 of Income Tax Act, 1961.
    Provisions u/s 272 (2)(a), 276(b) of Income Tax Act, 1961.
    Sections 5 and 6 of the Estate Duty Act, 1953--Assessment in respect of property standing in the name of 'benamidar'--Clarification regarding
    Adjournments of cases.
    Seizure to books of account and documents which have not been produced.
    Interest on house building advance-Deduction under section 24(1)(vi) of the Income-tax Act, 1961-Clarification regarding
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Refund orders be sent by Registered Post acknowledgement due within seven days of passing of order.
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Registered Post requirement: refund orders must be dispatched with acknowledgement due and banks notified simultaneously.
Refund orders must be dispatched to taxpayers by Registered Post acknowledgement due within seven days of the order giving rise to the refund, and corresponding advice notes for refunds above the prescribed threshold must be sent to banks simultaneously; officers at all levels must ensure strict compliance.
Deduction of tax at source under section 195 of the Income-tax Act, 1961, from payments to non-residents where tax is to be borne by the payer—Clarification regarding
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Tax withholding obligation requires grossing up when payer bears non-resident tax and payment to government.
Where a payer undertakes to bear a non-resident's tax, the payer must compute the recipient's taxable income by grossing up the net payment and deduct tax on that grossed up amount at source each time a payment is made, and remit the deducted tax to the credit of the Central Government without withholding on the premise of later payment on assessment.
Survey Organisation.
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Central information management: streamlined collection and dissemination of taxpayer intelligence through C.I.B. units and color-coded intimation cards.
Designates Central Information Branch units as the central agency for collecting, collating, disseminating and monitoring intelligence for income-tax purposes; directs integration of information-collecting Inspectors into C.I.B., substitution of C.I.B. intimation slips for routine I.T.O. transmissions (with limited exceptions), and mandates inquiry letters to addressees with non-response leading to consideration of statutory notices or referral to the appropriate I.T.O.
Simple interest at 12% p.a if a return is filed after the specified date.
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Interest on late returns applies and late-filed loss returns forfeit entitlement to loss carryforward under amended tax rules.
Return filing after the prescribed date attracts simple interest under the amended income tax provisions, and a loss return not filed within the statutory time will not qualify for the carry forward of loss; a late return may be valid but forfeits entitlement to carry forward when not timely filed.
Taxation of dividends received from United Kingdom
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Taxation of UK dividends: gross dividends treated as taxable in India, including franked distributions and imputed tax credits.
Dividends from U.K. companies are taxable in India on the gross amount where those dividends are treated as franked income having borne tax at source; the Board affirms gross-basis treatment for all charges including Kerala despite contrary local authority. Subsequent U.K. statutory changes treated distributions as income of the recipient and introduced an imputation method attributing part of company tax to shareholders, reinforcing the applicability of the franked-income analysis and gross-basis taxation for post amendment periods.
Deduction of tax at source--Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961—Interest on Government Securities--Rates of tax applicable during the year 1983-84
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Tax deduction at source on interest payments requires withholding at revised rates including surcharge following statutory amendment.
Withholding of tax and applicable surcharge on interest on Government securities must be made at the revised rates prescribed by the Finance Act, 1983 for the relevant financial year; Accountants General and Comptrollers are to issue the enclosed draft circular to all Treasury and Sub Treasury Officers to ensure strict compliance with the statutory withholding framework and any provisions for certifying lower deduction.
Assessment proceedings in case of deceased under Income-tax, Wealth-tax and Gift-tax Acts.
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Verification by tax records should limit further enquiries from estate representatives, reducing procedural burden in assessments.
Where assets or transactions of a deceased person are verifiable from Income-tax, Wealth-tax or Gift-tax records, officers handling estate duty should rely on those records and should not ordinarily make further enquiries of the accountable person who may lack personal knowledge, to avoid unnecessary inconvenience.
Difficulties faced by the Valuation Officers.
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Valuation officer access to appeal papers required to enable effective preparation and consultation on adverse appellate valuations.
Valuation officers must be supplied with grounds of appeal and other papers sufficiently in advance in valuation disputes to allow effective preparation and presentation; assessing officers are to ensure timely provision. When Commissioners examine adverse appellate orders in valuation matters, comments of the concerned valuation officers should be called for and considered in important cases.
Provisional assessments in cases of banking companies.
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Provisional assessments: stricter limits on provisional bank assessments, requiring prior approval and expedited completion when refunds arise.
Provisional assessments under section 141A should be avoided for banking companies where regular assessments can be completed within six months; Assessing Officers must obtain prior approval of the Commissioner of Income-tax before completing provisional assessments if regular assessment cannot be finished within that period. Prior approval of the Commissioner is also required where a provisional assessment would result in a substantial refund, and the Commissioner must ensure such assessments are taken up expeditiously, given priority, and not resorted to indiscriminately.
Amendment made by Finance (No. 2) Act, 1980.
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Parental power to partition: father's partial partition valid under Hindu law but tax recognition later restricted.
The father's superior right, including his patria potestas, permits him to effect a partial partition of Hindu Undivided Family property between himself and his minor sons, which is valid under Hindu law though the sons may challenge the fairness of the partition; however, for income-tax purposes the Supreme Court's ratio applies only to pre-amendment assessments because a later statutory amendment derecognised partial partitions effected after the statutory cut-off, limiting the tax effect of that judicial principle.
Section 264(4)(c) of the Income-tax Act, 1961--Scope of the expression 'subject of an appeal'--Clarification regarding
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Scope of 'subject of an appeal' clarified: orders disposed without a merits order are not treated as subject of appeal.
The Board clarifies that an order is not to be regarded as the subject of an appeal where the appeal has been disposed of by the Commissioner (Appeals) or the Appellate Tribunal without passing an order on the merits under the prescribed appellate provisions; this includes appeals withdrawn and dismissed as such, appeals dismissed as incompetent, and appeals dismissed on the ground of limitation.
Deduction of tax at source--Section 194BB of the Income-tax Act, 1961--Deduction from income by way of winnings from horse races--Rates of tax for the financial year 1983-84
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Tax deduction at source on horse race winnings: prescribed rates apply and deducted tax must be remitted via authorised banks.
Deduction of tax at source under Section 194BB applies to winnings from horse races, with rates for persons and companies prescribed by the Finance Act, 1983 for the financial year 1983-84; where tax computed as if the winnings were total income yields a higher charge, that higher rate applies. Tax deducted must be remitted to the credit of the Central Government through the Reserve Bank of India, State Bank of India, or other authorised public sector banks within one week from the last day of the month of deduction, with income tax and surcharge recorded separately on the correct challan.
Deduction of income-tax at source--Section 194B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles--Rates of tax applicable during the Financial year 1983-84
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Withholding on lottery winnings under Section 194B: prescribed withholding rates or tax as if winnings were total income.
Section 194B mandates withholding tax from lottery and crossword winnings above the statutory threshold. The circular prescribes specific combined income-tax-and-surcharge withholding rates for individuals and companies for the financial year, and provides that, if computing tax and surcharge as if the winnings were the recipient's total income yields a higher liability, that amount must be withheld. No change is made to the core withholding provisions; State Governments are instructed to implement these rates.
Functioning of the Recovery Officers.
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Tax recovery procedure: verification before coercive action and mandatory training and staffing for recovery officers.
Commissioners must ensure TROs and recovery staff receive refresher training, that recovery wings have adequate sanctioned strength and personnel complete a three-year tenure; ITOs bear ultimate responsibility for incomplete or inaccurate tax recovery certificates and staff who prepare certificates mechanically should be disciplined. Where an assessee produces evidence of payment, the TRO shall depute an inspector to the ITO to verify the claim and obtain a report, keep the demand in abeyance meanwhile, and refrain from coercive recovery actions until verification is complete.
Provisions of Section 179 of Income Tax Act, 1961.
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Director joint and several liability for unpaid tax after company liquidation, with stronger enforcement urged by tax board.
Where tax arrears cannot be recovered from a private limited company in liquidation, the tax authority directs use of Section 179 to hold every director jointly and severally liable for the unpaid tax and urges officers to apply this provision more vigorously.
Provisions u/s 272 (2)(a), 276(b) of Income Tax Act, 1961.
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Continuing default rule limits retrospective application of penalty provisions; old penal provision governs defaults completed before legislative change.
Where a failure to furnish a prescribed return or statement was committed before the statutory amendment, the pre-amendment penal provision governs that default; the post-amendment penalty provision does not apply to the same completed default even if its effects continue after the amendment.
Sections 5 and 6 of the Estate Duty Act, 1953--Assessment in respect of property standing in the name of 'benamidar'--Clarification regarding
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Estate duty attaches to the death of the beneficial owner of benami property, not to the ostensible owner.
Liability for estate duty in respect of property held benami arises on the death of the real (beneficial) owner, since the beneficial owner holds the true title and the benamidar is merely an ostensible owner with no proprietary interest; inability to recover property from a purchaser lacking notice does not confer real title on the benamidar, so assessment under the Estate Duty Act proceeds on the basis of the beneficial owner's death and title.
Adjournments of cases.
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Adjournments of proceedings should be granted only for compelling reasons; officers must monitor and curb unnecessary delays.
Adjournments of assessment proceedings must be granted only for compelling, genuine and unavoidable reasons; Assessing Officers should weigh requests carefully and avoid granting adjournments on flimsy grounds. Inspecting Assistant Commissioners must monitor and report on adjournments during regular inspections, conduct special/vigilance inspections as necessary, and Chief/Inspecting Commissioners should draw up monthly plans for completion of assessments and watch progress to curb avoidable delays.
Seizure to books of account and documents which have not been produced.
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Seizure limits: restrict seizure to unproduced books, require timely release and permit extracts to minimise inconvenience.
Authorised officers must form a considered opinion on the relevancy and usefulness of books and documents before seizure and limit seizure to materials not produced or unlikely to be produced. Assessing Officers should promptly release seized books no longer required and seek further retention only with proper justification; periodic review of seized records is required and assessees must be allowed extracts or photocopies where release is not possible.
Interest on house building advance-Deduction under section 24(1)(vi) of the Income-tax Act, 1961-Clarification regarding
Show AI Summary
Interest deduction on house-building advance accrues from date of drawal, allowing deduction on accrual basis under income-tax rules.
Interest on house building advances to Central Government servants is deductible for income from house property on an accrual basis from the date of drawal; the annual accrual is calculated under rule 6 on balances outstanding on the last day of each month. Repayment under rule 8A(a) recovers principal first (up to 180 instalments) and then interest (up to 60 instalments).

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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 ... Summary

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Acts Income Tax