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Circulars
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Speedy clearance of applications for Import Licences.
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Import licence declaration procedure requires tax authority verification and reporting of discrepancies before licence grant.
Applicants for import licences must furnish a sworn declaration with their application instead of an Income-tax Verification/Clearance Certificate; the Import and Export Department will forward the declaration to the Income-tax Officer for prompt verification and the Income-tax Officer must report any incorrect particulars back to the Import and Export Department for action.
Provisions u/s sub (4) of Section 249.
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Appeal admission requirement: payment of tax due or advance-tax equivalent at filing; waiver allowed for sufficient reasons.
Sub-section (4) of Section 249 requires payment of the tax due on returned income or, if no return filed, an amount equal to the advance tax payable before an appeal to the Appellate Assistant Commissioner is admitted; the AAC may waive this requirement for good and sufficient reasons to be recorded in writing. The ITO's report (ITNS-51) must indicate whether the requisite amount has been paid, and ITOs should add a column to report this status.
Reference of Board's letter F.No.279/83/76-ITJ, dated the 2.9.76.
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Classification of High Court decisions: criteria for when Supreme Court appeals are authorised or withheld.
Instruction establishes a classified framework for responses to High Court decisions: Statement B for decisions not accepted but not pursued to the Supreme Court due to limited revenue impact or existing Supreme Court litigation or other reasons; Statement C for decisions not accepted where appeals to the Supreme Court are authorised; and Statement D (Part I and Part II) for cases where leave to appeal was refused by the High Court or special leave petitions were not granted by the Supreme Court. Statement A is discontinued.
Exemption under section 10(22) and 10(22A).
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Exemption for charitable educational and hospital institutions depends on use of surplus for institutional purposes, not private diversion.
Income of educational institutions and hospitals is exempt under 10(22) and 10(22A) only if they exist solely for educational or philanthropic purposes and not for profit; a year end surplus does not bar exemption provided it cannot be diverted for personal use and is applied to the institution's educational or philanthropic objects, otherwise exemption fails and applicability of the trust/income application regime should be examined.
Hearing of cases by Income-tax Officers--Time for attendance--Specification of--Regarding
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Hearing scheduling: require distinct attendance times for taxpayers to prevent undue waiting and procedural harassment at tax offices.
Income-tax Officers must specify distinct attendance times in statutory notices so that each assessee is given a different timing, avoiding uniform time slots that cause prolonged waiting and harassment; Inspecting Assistant Commissioners should monitor this practice during inspections and visits to ensure procedural fairness and taxpayer convenience.
Exemption in respect of house property u/s.5(1)(iv) of the Wealth Tax Act, 1957.
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House property exemption: absolute lifetime right of user converts beneficiary's interest into an asset eligible for exemption.
Exemption for house property depends on whether a beneficiary has an absolute right of user during life; if so the beneficiary's interest is an asset and may qualify for exemption, but if occupancy is subject to trustees' discretion the exemption is not available.
Working of Income-tax Offices in their respective charges.
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Administrative oversight: System review teams to monitor income-tax office procedures and ensure commissioners secure corrective follow-up.
Commissioners must keep vigilant administrative oversight of Income-tax Offices to ensure compliance with prescribed procedures; immediate establishment of system review teams at five major centres is required, each headed by a whole-time IAC with an ITO and staff, to conduct selective reviews and inspections. Teams are administratively under CIT-I but report to the respective Commissioners, who are responsible for ensuring follow-up corrective action; review reports must also be sent to the Board Member-in-charge, and the teams must be set up immediately with a report to DOMS.
Monetary limits in respect of publishing names.
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Publication threshold raised for individuals and HUFs; Gazette and newspaper disclosure required with publication deadlines and exclusions.
The Central Government raised the assessed income threshold under section 287 for publishing assessee names for individuals and Hindu undivided families, leaving limits for firms, associations and companies unchanged. Administrative directions require consolidated publication in the Gazette and leading local newspapers, posting on income tax office notice boards, adherence to prescribed publication deadlines, submission of copies to the publicity division and the Board, and express exclusion of specified financial institutions and corporations from the lists.
Prohibitory order on the owner or person in immediate possession or control.
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Prohibitory order on bank-held funds requires serving notices on both the bank and account-holder to prevent control disputes.
Prohibitory orders under section 132(3) restrain owners or persons in possession from dealing with books, documents or valuables when seizure is impracticable. For bank-held funds, courts view such monies as impracticable to seize and recommend addressing the order to the depositor rather than the bank to avoid implying the bank loses authority. To prevent disputes about ownership and control, the officer should serve the notice on the bank and endorse a copy to the assessee, and simultaneously serve the assessee with a copy to the bank, and may resort to alternative procedural powers where justified.
Tax on "Special Travelling Allowance".
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Exemption for Special Travelling Allowance allowed where expenses actually incurred; employee certificate suffices for tax assessment.
The Special Travelling Allowance (or similarly named "Special Allowance") falls within Section 10(14) and is exempt to the extent expenses are actually incurred. A certificate from the employee that the allowance was spent may be accepted by the Income-tax Officer and the allowance exempted unless there is reason to doubt the certificate. The instruction applies to pending and future assessments; completed assessments need not be reopened.
Warehousing corporation is not exempt u/s 10(29).
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Warehousing corporation exemption: rental income from godowns used for storage, processing or marketing facilitation is tax exempt.
The Board declares that income derived by any warehousing corporation from letting of godowns or warehouses for storage, processing or facilitating the marketing of commodities is exempt under section 10(29), and Commissioners of Income tax should concede or withdraw pending appeals accordingly.
Collection, collation and dissemination of information by Central Information Branches.
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Collection and dissemination of taxpayer information must be programmed and verified to enable revenue follow-up and coordination.
Central Information Branches must implement annual programmes to collect, collate and disseminate information from prescribed statements, returns and directories, and maintain lists of government disbursing officers to identify payment leads for assessing officers. Persons deducting tax at source and assessing officers must communicate and verify information directly with recipient Income-tax Officers, who are responsible for verification; Range Inspecting Assistant Commissioners will oversee compliance and maintain records of any revenue gain. Central Information Branches must keep complete output records, report on effectiveness, and coordinate administratively with Intelligence units.
Property could not be the subject matter of auction in a recovery proceeding under Income Tax Act, 1961.
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Involuntary sale exemption from urban land transfer restrictions allows tax recovery auctions before state vesting.
Transfer restrictions in the Urban Land (Ceiling and Regulation) Act do not apply to involuntary sales by a Tax Recovery Officer under the Second Schedule of the Income-tax Act, 1961, so sections 26 and 27 permissions or notices are unnecessary; however, the sale and delivery of possession must occur before a section 10(3) notification vests the land in the State, after which the property cannot be auctioned in a recovery proceeding.
Adhoc percentage in cases of Indian authors/Writers.
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Ad hoc expense allowance for authors enables a prescribed publication-year deduction from royalty receivables, subject to recordkeeping rules.
Ad hoc expense allowance permits authors and writers without detailed accounts to claim a prescribed percentage of royalty receivables or a capped amount in the year of publication; the deduction applies to total receivable for the publication and precludes further expense claims for that publication in later years. Allowance up to that limit requires no evidence, but higher claims demand proof. The relaxation applies in limited cases where receivables exceed the threshold but claimed expenses remain within the cap; otherwise statutory recordkeeping obligations apply, and persons notified as professionals, including certain film writers, are excluded from the relaxation.
Interest chargeable u/s 215 and 217 of Income Tax Act,1961 can be reduced/waived in accordance u/r 40.
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Reduction or waiver of interest under Rule 40 clarified; referral to inspecting officer limited by administrative threshold.
Interest under sections 215 and 217 may be reduced or waived under Rule 40; Income-tax Officers can act under sub-rules (1)-(4) and Inspecting Assistant Commissioners under sub-rule (5). Board amended Office Manual guidance so Income-tax Officers refer waiver proposals under sub-rules (1)-(4) to the Inspecting Assistant Commissioner only when interest exceeds Rs.1,000, and the Inspecting Assistant Commissioner need not refer cases to the Commissioner where he approves a proposal or exercises his discretion.
Report of Receipt Audit and Board's Inspection Team.
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Wilful attempt to evade tax triggers prosecution; authorities instructed to pursue offences arising from false entries, omissions, or engineered circumstances.
Instructions require initiation of prosecution for a wilful attempt to evade tax, penalty or interest where a person possesses or makes false entries in books or documents, wilfully omits relevant entries, or creates circumstances enabling evasion; the provision has broader scope than the verification offence and similar prosecutorial treatment applies to corresponding wealth-tax offences, including failure to comply with audit directions.
Delay in transfer of assessment records.
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Jurisdiction change notice: assessee must be informed immediately; transferring officer bears responsibility under tax instruction.
The Board directs that wherever there is a change in jurisdiction the concerned assessee should be informed immediately. The officer transferring the file is responsible for providing such intimation to the assessee, to prevent delays in transfer of assessment records and ensure taxpayer awareness of the new assessing authority.
Depreciation on plant and machinery purchased on hire-purchase system.
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Depreciation on hire-purchase plant remains admissible where prescribed conditions are met; development rebate follows same basis.
Depreciation on plant and machinery acquired on hire-purchase is admissible at the usual rates where the Board's prescribed conditions are met, and the same basis applies to development rebate; the Board's circular and letter remain effective and must be followed despite Revenue Audit objections.
Supplementary refund claims.
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Supplementary refund claims barred after final assessment; commissioner cannot use s.264 to entertain them under law.
Supplementary refund claims cannot be entertained by Income tax Officers after an assessment has been completed and become final; the Commissioner likewise may not invoke his revisional or other administrative power to admit such supplementary refund claims post finality.
Provisions of section 138 of the Income-tax Act.
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Disclosure of recognised Provident Fund identities allowed to State small-savings directorates where no assessment-related taxpayer information is disclosed.
Furnishing names and addresses of recognised Provident Funds to State Directorates of Small Savings does not violate section 138 because such disclosure does not make available information regarding an assessee in respect of any assessment; therefore Commissioners should provide that institutional contact information to State Directorates on request to assist Small Savings Schemes.

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