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    Tax Recovery Certificates.
    Issue of clearance certificates u/s 230A.
    The Compulsory Deposit Scheme (Income-tax Payers) Act, 1974-Repayments regarding
    Statement in Form No.52A u/s 285B to be furnished by film producers.
    Approval for extended retention of books of accounts seized u/s132.
    Procedure of fresh assessment in case of remand by first appellate authority.
    Deduction of tax at source-Sections 194B and 194BB of the I.T. Act, 1961-Deduction from winnings from lottery or crossword puzzles or horse races-Rate...
    Clarification with regard to appeals by Comm.(A).
    Proper maintainance of registers in the office of Tax Recovery Officers.
    Provisions of section 80HHC of the Income-tax Act, 1961-Sharing of tax benefit between the export houses/trading houses and manufacturers-Regarding
    Clarification with regard to Instruction No.1716.
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1986-87 under section 192 of the Income-tax Act, 1961
    Cases where simultaneous IT and WT assessment required.
    Explanatory Notes on the provisions of the Income-tax (Amendment) Act, 1986
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1986-87 under section 192 of the I.T. Act, 1961
    Provisions of section 80HHC of the Income-tax Act, 1961-Clarification regarding
    Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable during the...
    Audit of accounts under section 44AB of the Income-tax Act, 1961-Penalty under section 271B for assessment year 1985-86-Regarding
    The Finance Act, 1986-Explanatory Notes on the provisions relating to direct taxes
    Prosecution Establishment Expenses.
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Circulars
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Tax Recovery Certificates.
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Tax Recovery Certificates: require verification with assessees and base files to prevent incorrect certified arrears and ensure recoverability.
Income-tax Officers must verify Tax Recovery Certificates against actual case files and notify assessees of arrear particulars assessment-yearwise, specifying the nature of each charge and inviting corrections for discrepancies such as appeals, rectifications or uncredited payments. TRCs should not be prepared solely from D & C Registers; full identifying details and correct certified amounts must be confirmed. Senior officers should oversee high-arrear cases and Commissioners should issue notifications authorising ITOs to use distraint warrants to recover certified arrears where delay in issuing certificates would impede recovery.
Issue of clearance certificates u/s 230A.
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Tax clearance certificates under section 230A must be issued promptly; Commissioners accountable for timely issuance and compliance.
The Board directs that tax clearance certificates under section 230A, intended to protect recovery of existing direct tax liabilities before registration of property-affecting instruments, shall be issued positively within twenty-one days of receipt of the application; the Commissioner is responsible for ensuring officers comply with this prescribed timeline and the Board will take serious note of further complaints of delay.
The Compulsory Deposit Scheme (Income-tax Payers) Act, 1974-Repayments regarding
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Extreme hardship exception permits early repayment for senior depositors and nominees, allowing full deposit repayment with interest.
The circular instructs that, under the second proviso to the repayment provision of the Compulsory Deposit Scheme Act, full repayment of the deposit with interest may be allowed where extreme hardship is shown; specifically, depositors who have attained senior age by the last day of the immediately preceding financial year and nominees of deceased depositors are to be treated as cases of extreme hardship qualifying for early repayment.
Statement in Form No.52A u/s 285B to be furnished by film producers.
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Statement in Form No.52A required from film producers; noncompliance attracts penalty and possible prosecution consideration.
Film producers must prepare and deliver a statement in Form No.52A within thirty days of the end of the financial year or completion of production, reporting particulars of all payments above the aggregate threshold to every person engaged in production, whether as employee or otherwise. Assessing officers must scrutinise Form No.52A for completeness across all categories of engagement and review unfiled or late filings for imposition of statutory penalties; false statements should be considered for prosecution.
Approval for extended retention of books of accounts seized u/s132.
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Extended retention of seized books requires timely written reasons, commissioner approval and prompt communication to the assessee.
Section 132(8) limits custody of seized books; any retention beyond the statutory period requires recorded reasons and Commissioner approval. Approvals and the reasons for extended retention must be obtained promptly and communicated expeditiously to the assessee. Administrative lapses in issuing timely extension orders-illustrated by the M/s Survir Enterprises matter-can render continued retention invalid. The Board reiterates an existing five-step procedure and directs strict compliance to prevent procedural defects.
Procedure of fresh assessment in case of remand by first appellate authority.
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Remand by appellate authority requires revising assessments on decided points and abeyance of demand on remanded issues.
Where an appellate authority decides some points and remands others, revise the original assessment to give effect to the decided points; for remanded points retain the original assessed amounts and raise a demand but keep that demand in abeyance and not enforce it until the assessing officer completes the fresh assessment and rectifies the demand accordingly.
Deduction of tax at source-Sections 194B and 194BB of the I.T. Act, 1961-Deduction from winnings from lottery or crossword puzzles or horse races-Rates of tax applicable during the financial year 1986-87
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Tax deduction at source: specified withholding rates apply to lottery, crossword and horse-race winnings after Finance Act revisions.
Deduction of tax at source is required on winnings from lotteries, crossword puzzles and horse races under sections 194B and 194BB; the circular communicates the withholding rates for 1986-87 and records that the Finance Act, 1986, amended the monetary thresholds and introduced section 115BB imposing a flat charge on gross winnings. The guidance distinguishes resident and non-resident treatment and separates corporate and non-corporate withholding rates, and directs payers to consult statutory provisions or departmental officers for clarification.
Clarification with regard to appeals by Comm.(A).
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Company appeal weightage clarified: applies to all company appeals regardless of circle, not to non-company appeals.
The Board clarified that the weightage described as equivalent to 1-1/2 ordinary appeals applies to all company appeals whether they arise within a Company Circle or elsewhere, and does not apply to non-company appeals arising from orders passed in a Company Circle; existing instructions on Commissioner (Appeals) disposal quotas remain unchanged.
Proper maintainance of registers in the office of Tax Recovery Officers.
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Register maintenance requirement for recovery officers mandates detailed recording and supervisory inspection to secure sale proceeds realization.
Tax Recovery Officers must keep two distinct registers for movable and immovable properties attached and sold, recording defaulter identity, arrear amount, attachment date, precise property description, survey/property number, estimated value, sale date, sale proceeds, confirmation date and sale certificate issuance. Accurate entries, especially detailed descriptions for movables and full sale details for immovables, are required to ensure properties are sold and proceeds realised and adjusted against arrears.
Provisions of section 80HHC of the Income-tax Act, 1961-Sharing of tax benefit between the export houses/trading houses and manufacturers-Regarding
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Tax benefit sharing under section 80HHC allowed as deductible business expenditure when passed to manufacturers.
An export house or trading house holding the prescribed certificate may pass part or all of its export profit tax benefit to a manufacturer; the actual payment so made may be treated as a business expenditure and deducted in computing the intermediary's total income, provided the aggregate of the intermediary's own tax benefit and the amount passed on does not exceed the maximum deduction available, and the intermediary's profits for computing that maximum are determined after accounting for the payment. Payments received by the manufacturer are not includible in its income if supported by the intermediary's certificate.
Clarification with regard to Instruction No.1716.
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Recordkeeping retention clarified: yearly or three year register and correct column reporting for reopening of assessments.
Where computer printed Blue Books are available, the register must be maintained on a yearly basis; otherwise the register continues for three years. Pendency from assessments reopened under section 143(2) must be reflected in columns 10 to 13, and the expiry date of the limitation for completion of the reopened assessment must be indicated in column 12 rather than column 11.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1986-87 under section 192 of the Income-tax Act, 1961
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Special rent allowance exemption limited to the least of actual allowance, excess rent paid, or location based salary proportion.
Amendment to Rule 2A sets the exemption for special allowance for rent as the least of: the actual allowance received; actual rent paid in excess of one tenth of salary for the relevant period; a higher salary based ceiling for accommodation in Bombay, Calcutta, Delhi or Madras; or a lower salary based ceiling for accommodation elsewhere; salary is as defined in the Rule.
Cases where simultaneous IT and WT assessment required.
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Summary assessment requirement: wealth-tax must be completed simultaneously with income-tax when net wealth falls within a low threshold.
Where an assessee's income-tax assessment is completed in a summary manner on the basis of the return, the wealth-tax assessment must also be completed in a summary manner on the basis of the return without requiring supporting evidence when returned net wealth is within the prescribed threshold; both assessments are to be completed simultaneously. If returned net wealth exceeds that threshold, the wealth-tax assessment should be made after due enquiry as hitherto.
Explanatory Notes on the provisions of the Income-tax (Amendment) Act, 1986
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Deduction for health insurance premiums expanded to benefit employers and individuals under approved schemes and limits.
Amendments provide a deduction for health insurance premiums: employers may deduct premiums paid by cheque for employee schemes approved through the General Insurance Corporation without a monetary ceiling, and a new individual deduction permits a limited annual deduction for premiums paid by cheque covering the assessee, spouse, dependent parents or children and certain small family entities. Bank bad debt provisions are split into a rural advances based cap and a separate cap based on total income applicable to all banks, and the deduction for profits from projects executed outside India is increased to encourage overseas projects.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1986-87 under section 192 of the I.T. Act, 1961
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Tax deduction at source on salaries: standard deduction increased and house rent allowance ceiling removed for the fiscal year.
Deduction of tax at source from salaries under section 192 continues to be made at the average rates in force, with employers obliged to compute deductions using those rates and applicable exemptions/deductions; deductors remain liable for failures to deduct or remit tax. The Finance Act, 1986, left basic deduction rates unchanged but increased the standard deduction (subject to a statutory maximum) and removed the fixed monthly ceiling on house rent allowance, and the circular provides advisory guidance and points of contact for clarification.
Provisions of section 80HHC of the Income-tax Act, 1961-Clarification regarding
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Export deduction reserve under section 80HHC may fund dividend distributions without breaching the proviso, clarifies tax board.
Section 80HHC allows a deduction for export-derived profits and requires an equal amount to be debited to profit and loss and credited to a reserve for the assessee's business; the Board clarified that distributing dividends out of that reserve does not infringe the proviso's requirement.
Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable during the financial year 1986-87
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Tax deduction at source on insurance commission requires specified resident and non-resident withholding rates under income-tax rules.
Deduction of income-tax at source is required on payments by way of insurance commission, with distinct withholding rates for resident persons and domestic companies and higher specified withholding for non-resident persons and non-domestic companies; section 195 governs deduction from payments to non-residents and the higher applicable schedule rate must be applied where relevant.
Audit of accounts under section 44AB of the Income-tax Act, 1961-Penalty under section 271B for assessment year 1985-86-Regarding
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Penalty under section 271B: authorities must consider timing of section 44AB validation before initiating proceedings.
Officers in the Gujarat High Court territorial jurisdiction should give due weight to the High Court's validation of section 44AB on 31 March 1986 when deciding whether to initiate proceedings under section 271B for assessment year 1985-86, and to apply the Board's prior guidance that discouraged penalty initiation where the prescribed audit report was obtained by the circular's specified date and self assessment tax paid within the normal filing period.
The Finance Act, 1986-Explanatory Notes on the provisions relating to direct taxes
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Tax rate and deduction reform reshapes income taxation, TDS, investment incentives, capital gains and property purchase rules.
The Finance Act, 1986 overhauls direct tax law by revising income tax and TDS rates, abolishing company surcharge, enhancing salaried taxpayer reliefs, liberalising capital gains reliefs and reinvestment options, and replacing investment allowance with an Investment Deposit Account scheme subject to audited accounts and profit linked limits. It clarifies depreciation and "actual cost" to exclude post use interest, imposes a flat tax regime on casual gaming winnings, rationalises royalty and technical service taxation for foreign companies, strengthens TDS mechanisms including authorised dealers for non resident transactions, creates a Central Government pre emptive purchase right for certain immovable transfers, and restructures wealth and gift tax exemptions and rates.
Prosecution Establishment Expenses.
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Prosecution establishment expenses rule: levy depends on compounding fees, not number of years, affecting compounding procedure.
Levy of prosecution establishment expenses depends on the computed compounding fees, not the number of years in default; a fixed expense applies when compounding fees fall below the specified threshold. Expenses are chargeable even if no prosecution is launched and must be imposed before compounding orders issued, except where compounding approval or payment preceded the effective date, in which case expenses need not be charged.

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