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Adjustment of figures.
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Cross-year correlation of assessments required to prevent duplicate tax deductions following retrospective gratuity fund approvals.
After a gratuity fund was retrospectively approved and the earlier year's claim rectified under section 155(13), the ITO failed to withdraw the deduction claimed in the succeeding year on actual payment, causing the same amount to be allowed twice; the Board instructs ITOs and IAPs to correlate assessments across years and verify rectificatory orders to prevent such duplicate allowances.
Inspection of provident fund accounts under Rule 74.
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Inspection of recognised provident fund accounts required; mandatory verification, notices and potential withdrawal of recognition, with annual compliance reports.
Inspection of recognised provident fund accounts under Rule 74 is required to verify continued fulfilment of recognition conditions. Trustees must be issued an annual enquiry within three months after the financial year; information is examined for employer defaults in contributions. Where breaches are found, notices and show cause proceedings must be issued and, after opportunity to reply, recognition may be withdrawn. Lists of recognised provident, approved superannuation and approved gratuity funds must be maintained, cases assigned to Income tax Officers, and annual compliance reports submitted for monitoring.
Tax arrears.
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Write-off of tax arrears where taxpayer untraceable or no Indian assets allows full write-off without double taxation relief.
Write-off of tax arrears for income from the erstwhile East Pakistan may be effected following the prescribed procedure for irrecoverable demands where: the assessee is untraceable or, if traceable, has no assets in India; and the assessee has not notified loss or filed any claim with the Custodian of Enemy Property for compensation or ex-gratia for properties taken over by the Government of East Pakistan. In such cases no abatement by double taxation relief is necessary and the entire outstanding tax may be written off, with proposals requiring Board approval to be sent promptly.
Double taxation relief.
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Double taxation relief permitted on certified foreign assessment orders, enabling expedited recovery of the balance tax.
Instruction permits allowance of double taxation relief for foreign-source incomes (excluding certain jurisdictions) on the basis of certified copies of foreign assessment orders or other orders without insisting on a formal certificate, and directs expeditious recovery of any balance tax while requiring communication of the Instruction to all subordinate officers.
Submission of briefs to Commissioner.
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Preparation of appeal briefs and paper books: timely submission to the Commissioner enables transmission to departmental representatives for hearings.
Inspectors of Taxes must prepare appeal briefs and paper books promptly upon filing an appeal or receipt of the memorandum of appeal and submit them to the Commissioner within a short prescribed timeframe; Commissioners must ensure strict compliance. Copies of briefs and paper books are to be forwarded to the Commissioner and, when cases are fixed for hearing, the Commissioner's office will send briefs and paper books to the Departmental Representatives.
Basis of taxability u/s 195(2).
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Basis for taxability under section 195(2): ITOs must state the basis for estimated taxable income in withholding orders.
An internal Board instruction requires that in withholding tax orders the assessing officer must clearly state the basis for any estimate of taxable income; the Appellate Tribunal found orders defective when no basis was given, and the Board directed ITOs to record and disclose the factual and arithmetic basis for estimates so determinations can withstand appellate scrutiny.
Self assessment-penalty u/s 140A.
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Self-assessment penalty requires checks of selected returns and show-cause notices for unpaid or underpaid tax.
Self-assessment penalty under u/s 140A(3) is to be enforced by checking specified non-company returns and returns earmarked for scrutiny to verify payment of self-assessment tax; where non-payment or under-payment is found, show-cause notices for penalty must be issued, and the ITO must certify that all such cases have been scrutinised and appropriate action taken as a standing instruction.
Provisional assessments.
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Provisional assessment under Surtax Act to secure tax demand where regular assessment cannot finish within the year.
Provisional assessments under the Surtax Act must be completed and the resulting demand collected where a regular assessment is not likely to be finalised within the financial year, and this procedure is declared a standing instruction with directions to issue implementing guidance to Income Tax Officers.
Summary assessments.
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Summary assessment reform restricts prima-facie adjustments and authorises inspectors to complete limited routine tax returns.
The Finance Act, 1980 removed authority for assessing officers to make prima-facie adjustments in summary assessments, which must now be applied to all summary assessments; bookkeeping-obligation cases without maintained accounts require scrutiny. The Board authorised delegation to Inspectors to complete limited summary assessments as sub-units of ITOs, specifying functions they may perform, exclusions (central/company/special circles and loss returns), staffing, reporting, and that refunds from Inspector assessments be signed by the ITO.
Procedure for implementation of Sec.139(9).
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Defective return procedure under section 139(9) requires notice and a short rectification period before a return is treated as invalid.
Section 139(9) establishes that returns filed on or after 1 September 1980 deemed defective must be notified to the assessee and may be treated as invalid only if the assessee fails to rectify the defect within the statutory short period of 15 days or any allowed extension. Inspectors of Income-tax, delegated by Commissioners, will scrutinise returns, classify them as defective or not, affix a prescribed stamp, and send a deficiency letter by registered post to allow the assessee time to correct omissions; audited accounts must be enclosed where statutory audit is required.
Wealth Tax-Valuation u/s16A.
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Valuation under section 16A requires mandatory referral to the departmental valuation cell; non-compliance will be treated seriously.
Valuation under section 16A of the Wealth-tax Act must be referred to the departmental valuation cell in all fit cases; the Board reiterates this mandatory referral requirement after Audit reported continued non-referral, and warns that lapses will be viewed seriously.
Additional price payable for purchase of sugarcane.
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Accounting treatment of additional sugarcane payments: mercantile system permits deduction when liability arises in accounts.
Where an assessee follows the mercantile system of accounting, additional amounts payable under an award or statutory price-fixation order are deductible in the year the liability arises in the accounts, not in the year to which the award relates; this modification to prior instruction does not apply to those following the cash system of accounting.
Deduction of tax at source--Income-tax deduction from salaries during the financial year 1980-81 u/s. 192 of the Income-tax Act, 1961
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Deduction of tax at source: updated guidance on computing taxable salary, allowances, perquisites and allowable deductions for employers.
Deduction of tax at source from salaries requires employers to include estimated salary and perquisites in computing taxable salary, apply the statutory standard deduction and ceilings, allow specified savings and provident fund deductions subject to qualifying limits, treat repayments from compulsory deposit schemes as salary while excluding compulsory deposits from deductions, observe conditions for house rent and conveyance exemptions with evidence, apply foreign remuneration deduction rules with documentary proof, follow rounding and challan procedures for payment of TDS, and be aware of penal consequences for failure to deduct or remit tax.
Pending rectifications.
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Rectification compliance required: ITOs must clear taxpayer pointed corrections and submit quarterly progress statements.
Instruction requires assessing officers to effect and clear taxpayer pointed rectifications recorded in Form ITNS 224 within a reasonable time and to address rectifications relating to tax arrears. A quarterly progress statement has been prescribed to monitor clearance of pending rectifications, with reports to be submitted by the fifteenth of the month following the quarter and correspondence directed to the designated desk officer in the Board's IT(b) branch.
Sec.147(b)-Ambit of word 'Information'.
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Information under section 147(b) - audit opinions do not qualify; only communicated law or new facts justify reopening assessments.
The meaning of information for section 147(b) is limited to factual particulars or knowledge of law originating from a formal source; audit opinions on interpretation do not constitute such information. An ITO must independently evaluate any law or facts communicated by audit notes and record those specific facts or law as the basis for a reason to believe that income has escaped assessment. Rectification, supervisory review, or other remedial routes should be considered where reopening is not justified, and action must respect statutory time limits and supervisory approvals.
Scope of Sec.17-Insurance of pilot's license.
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Perquisite: employer paid pilot licence insurance premiums are taxable as employment benefits; compensation for licence loss also taxable.
Where an employer pays or reimburses insurance premia for loss of a pilot's licence, that payment is a perquisite and taxable in the pilot's hands; compensation received for loss of licence is also taxable. Completed assessments need not be reopened to tax such perquisites, and earlier contrary guidance is modified.
Engineering fee in nature of royalty u/s 9(1).
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Royalty characterisation determines taxation of cross border engineering payments; assessors must establish correct head for tax treatment.
Engineering fees to non resident collaborators must be characterised as either royalty or fees for technical or engineering services, because the characterisation determines source and allocation for tax. The Board instructs tax officers to examine the basic nature of such receipts in pending appeals and make representations to ensure assessment under the correct head. Where collaboration agreements pre date amendments and were government approved, officers must determine whether the fees are in the nature of royalty and raise the issue before appellate authorities if no finding exists.
Deduction of income-tax at source--Section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Financial year 1980-81
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Deduction of tax at source from insurance commission: revised rates and compliance obligations, including payment, challan use, and reporting.
Tax must be deducted at source on insurance commission for financial year 1980-81 at revised rates for payments after 18 June 1980; section 194D applies to residents and section 195 covers non residents and certain foreign companies. Deduction occurs on credit or payment, remittance to the Government follows specified deadlines with designated challans, surcharge shown separately and tax rounded to the nearest rupee. No adjustment for prior debits is allowed; payees (other than companies) may seek certificates authorising reduced or nil deduction, and payers must issue payee certificates and file prescribed quarterly and annual statements.
Sec 3(4)-Change in previous year.
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Change in previous year may alter wealth tax valuation, so potential revenue impact must be checked before approval.
An ITO's approval to change an assessee's previous year from the financial year to the calendar year extended the previous year and removed the valuation date for the subsequent assessment year, producing substantial loss of wealth tax revenue; the Board directs that officers must consider potential wealth tax revenue loss before allowing any change in the previous year and circulate this guidance to subordinate officers.
Deduction of income-tax at source--Section 194B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzle--Financial year 1980-81
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Tax deduction at source on lottery winnings: specified rates and procedural reporting obligations apply to payments after the effective date.
Deduction of income-tax at source under Section 194B applies to winnings from lotteries and crossword puzzles exceeding the threshold; withholding must be made at the specified rates on payments from the effective date, with no adjustment for prior payments. Tax is deductible on the aggregate value of cash and in-kind prizes (except where prize is only in kind), deducted at payment (including instalments), rounded to the nearest rupee, and paid to the Central Government within prescribed timeframes. Payers must issue certificates to recipients and file quarterly statements; recipients may obtain certificates to authorize lower or nil deduction.

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