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Circulars
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Changes in Daily Collection Registers and Refund Registers.
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Daily collection register reforms require standardized formats for income-tax, TDS, surtax, refunds and control records.
Instruction prescribes new standardized formats for the maintenance of Daily Collection Register and Daily Refund Register for income-tax and related levies. Separate DCRs are specified for company and non-company collections for regular, advance and self-assessment tax; a unified TDS DCR covers salary and non-salary deductions with recipient-status classification. Formats include surtax, and provisions allow recording of expenditure and interest tax within amended DCRs. Registers serve as source and control records subject to audit; central printing and contingency local printing are provided, and implementation queries are to be referred to the Board.
Need for furnishing replies to draft paras within a period of six weeks from date of receipt of the para.
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Timely response to audit draft paras required; departments must discuss objections early and supply replies within stipulated period.
The instruction mandates that income-tax authorities personally discuss audit objections with Audit Department officers at the draft para stage to verify facts early and settle objections, and requires departments to furnish replies to draft paras within six weeks of receipt, prioritising matters identified at the audit memo stage so completed replies can be furnished promptly when a proforma report is requisitioned.
Refunds under the Estate Duty Act.
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Refunds under Estate Duty Act may be deferred pending appeal unless security for potential duty is furnished.
Refunds under the Estate Duty Act are to be issued promptly from the date of the order giving rise to the refund. Where the order is subject to appeal or further proceedings and the Assistant Controller believes payment would prejudice revenue, the refund may be granted only after the accountable person furnishes security satisfactory to the Controller for any estate duty that may arise from the appeal or proceedings.
Supersession of Circular No. 18D dated 15-7-63 regarding penalty under sec. 221 of the Income-tax Act
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Penalty under section 221 clarified: 1975 amendment supersedes prior circular; penalty remains exigible if tax paid after due date.
The 1975 amendment added an Explanation making penalty under section 221 exigible even if tax is paid after the due date but before penalty levy; the 1963 departmental instruction (Circular No. 18-D) is superseded by that amendment effective October 1, 1975, and commissioners are to notify subordinate officers of this clarification.
Determinate beneficial interest in trusts.
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Determinate beneficial interest in trusts: assess beneficiaries to avoid revenue loss from multiple trustee assessments.
Trustees holding assets under a duly executed trust are liable for wealth-tax co-extensive with a beneficiary's known and determinate interest, and such trustee assessment must treat the beneficiary's trust interest as the top slab of the beneficiary's wealth for rate purposes. Once assessed in the trustees' hands, that interest cannot be again included for rate computation in a separate beneficiary assessment. To avoid revenue loss where beneficiaries have determinate shares in multiple trusts, assessments should be made on beneficiaries rather than trustees; a single beneficiary assessment is also preferable where only one trust is involved.
Deduction u/s 36(1)(viii) of Income-tax Act, 1961.
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Special reserve deduction applied to taxable income after computing that deduction, reducing the base for its percentage calculation.
The specified percentage for the special reserve deduction under section 36(1)(viii) is to be applied to total income after reducing that total by the deduction allowable under section 36(1)(viii); pending assessments should be adjusted and remedial action taken where the earlier, contrary clarification produced higher deductions.
Recording of the date of receipt of cheque on the chalan tendered for payment of any direct tax
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Recording of cheque tender date ensures payment is treated as made when the instrument is handed to bankers upon honour.
Recording the date a cheque or draft is tendered with an authorised public sector bank determines the date of payment for direct taxes when the instrument is honoured; banks were instructed to stamp chalans with either an inward receipt or a two-date stamp (date of tender and date of realisation), and chalan proformae were revised to include separate columns for those dates.
Gift-tax Officers should collect information.
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Gift-tax information collection to detect inadequate consideration and counter evasion, enabling enforcement under gift-tax law.
Gift-tax Officers are directed to collect particulars from registering officers for transactions where the apparent consideration is not adequate and for gift-deeds, settlement-deeds, trust-deeds and deeds designating distribution of individual properties as instruments of partition, to detect cases susceptible to evasion and to take necessary action under the Gift-tax Act, 1958.
Liability of the registered firms to retain share of profits of the partners for payment of taxes--Section 182(4) of the Income-tax Act, 1961
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Retention of partner profit shares required as security for partners' tax liabilities; firms liable if recovery from partner fails.
Registered firms must proactively retain, as security, a prescribed portion of each partner's share of firm income to meet the partner's tax liability; this duty exists prior to any assessment or notice and firms are liable for tax to the extent of amounts retained or that could have been retained if recovery from the partner fails.
Revision of the jurisdiction orders in respect of Cs.I.T.(A)/AACs.
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Jurisdiction revision: proposed changes must be submitted in advance; retrospective effect to revised jurisdiction orders is not permitted.
Revision of jurisdictional orders for Commissioners of Income-tax (Appeals) and Additional/Assistant Commissioners cannot be given retrospective effect; proposals for revision must be submitted in advance to the Board's Judicial Branch and simultaneously to the ITAT Branch so that jurisdictional changes associated with creation of Wards/Circles or assignment of assessment work are processed prospectively. Draft orders must be accurate to avoid corrigenda.
Repayment of instalments of annuity deposits made under the Annuity Deposit Scheme.
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Recognition of legal representatives: ITO certificate lets deposit offices accept bond investments under voluntary disclosure without legal representation evidence.
The waiver of documentary proof of legal representation for annuity deposits is extended to bonds purchased under the Voluntary Disclosure of Income & Wealth Act; the ITO in the deceased's case must issue a signed, sealed certificate naming the persons recognised as legal representatives for assessment purposes, and deposit offices will accept that certificate to recognise title in favour of the executor or legal heirs without insisting on separate legal representation evidence.
Allowance of development rebate--Creation of reserve under s. 34(3)(a) of the Income-tax Act, 1961
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Development rebate reserve: accumulated reserves across installation and later years may satisfy the statutory reserve requirement for allowance.
The Board states that the reserve condition in section 34(3)(a) for allowance of the development rebate is satisfied if the accumulated reserve attributable to the specific machinery or plant, created in the year of installation/use and/or in subsequent years, equals the required proportion of the rebate actually allowed in the year(s) of allowance; pending assessments and appeals should be completed or reviewed on this basis.
Decisions of the High Court.
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Classification of High Court decisions: categories for non-acceptance, authorised appeals, and refused leave petitions.
Instruction classifying High Court decisions from 1.10.76 to 31.12.76 into procedural categories: Statement B for unaccepted decisions where Supreme Court appeals were not authorised; Statement C for unaccepted decisions where appeals were authorised; Statement D Part I for Board-accepted High Court refusals of leave and Part II for cases where special leave was not granted. Statement A has been discontinued. The Board directs prompt circulation of these classified summaries to officers and authorised representatives.
Wealth-tax assessments Section 5(1)(iva) of Wealth Tax Act, 1957.
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Aggregate exemption limit for agricultural land and specified financial assets now applies jointly, changing prior separate treatment.
Under the earlier law agricultural land enjoyed a standalone exemption subject to reduction when the taxpayer owned an exempt house in a locality exceeding the population threshold; the reduction equalled the difference between the statutory exemption limit and the exempt house value. After the statutory amendment effective from April 1975, separate exemption for agricultural land was withdrawn and agricultural land was linked with specified financial assets so that a single aggregate deduction for one or more of those assets and agricultural land is allowable up to the statutory ceiling, requiring joint application of exemptions in assessments.
The Finance Act, 1979--Explanatory Notes on the provisions relating to direct taxes
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Income tax surcharge and withholding changes alter deduction at source, advance tax, and exemption rules for taxpayers.
The Finance Act, 1979 revises income tax and withholding structures by prescribing rates, increasing surcharge levels, modifying marginal relief (including where agricultural income applies), and specifying deduction at source rates for diverse income categories. It amends substantive income tax provisions to expand and limit exemptions and deductions (including export allowance, capital gains reinvestment conditions, donations to approved rural development and research institutions, and sectoral deductions), strengthens intra family clubbing rules, and reforms advance tax timing, settlement commission review powers and appellate jurisdiction, while adjusting wealth tax rates and extending certain institutional tax exemptions.
Recommendations of the Seventh Finance Commission.
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Statewise distribution of estate duty proceeds requires amended returns and State registers to allocate non agricultural property shares.
The Seventh Finance Commission's recommendation that net estate duty proceeds from non agricultural property be distributed among States in proportion to the gross value of immovable and other property located in each State has been accepted. To implement this, return and assessment forms (ED 1, ED 1A, ED 5, ED 8) will be amended and Assistant Controllers must maintain State wise registers and prepare quarterly consolidated statements. Guidance is given on treating Union Territories as one unit, inclusion of duty collected on property abroad in the assessing State's share, and detailed rules for what constitutes the gross value of properties for allocation purposes.
Entries of all demand columns of demand and collection register.
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Collection entry controls require posting by tax assistants or UDCs with supervisory initial verification to prevent revenue leakage.
All postings in the collection columns of the Demand and Collection Register must be entered by a Tax Assistant or, if unavailable, an Upper Division Clerk, and checked by the Head Clerk or Supervisor. Each separate figure on a challan must be initialled by the posting official and re-initialled in a different ink by the verifier. A record of officials responsible, with full names, posting periods and specimen initials, must be maintained on the first or second page; a separate initials column will be introduced in future proformas.
Deduction of income-tax at source--Section 194-B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzle--Financial year 1979-80
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Tax deduction at source on lottery winnings: specified withholding rates apply with rounding, remittance and reporting requirements.
Tax must be deducted at source on lottery and crossword puzzle winnings above the statutory threshold at rates prescribed for the financial year 1979-80, with the payer applying the higher of the specified withholding rate or the rate applicable if the winnings were the recipient's total income. No deduction where winnings do not exceed the threshold; mixed cash-and-kind prizes are taxed on aggregate value; instalment payments attract deduction on each payment; deductions are rounded to the nearest rupee; remittance and separate reporting of income-tax and surcharge must follow prescribed timelines and Forms 13B, 19B and 26B procedures.
Deduction of tax from winnings from horse races.
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Tax Deduction on Race Winnings: Withholding required from bookmakers and race clubs for resident and nonresident recipients.
Deduction of tax at source is mandated on winnings from horse races under section 194BB, applicable to payments by bookmakers and race clubs for resident and nonresident recipients. Withholding must follow prescribed rates and be the higher of the flat rate or tax computed as if winnings were the total income, and applies to both individuals and companies. Administrative measures require timely deposit of withheld tax, supply of challans, identification of liable payers, and submission of periodic statements in Form No.26BB to ensure compliance.
Interest on deposits in joint names--Deduction of tax at source u/s. 194A of the Income-tax Act, 1961--Regarding
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Tax deduction at source on joint-account interest may be aggregated with one payee's interest, affecting withholding and certificate issuance.
Where deposits are in joint names, absent definite information about beneficial ownership the payer may treat both joint holders as payees and aggregate the interest on the joint account with the interest payable to one joint holder (preferably the one with higher interest income) to determine whether the aggregate interest exceeds the non-withholding limit and whether tax should be deducted; the section 203 certificate is to be issued in the name with whom aggregation is made and section 199 credit allowed to that person.

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