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    Judicial approach in relation to economic offences.
    Clarification regarding Board's Circular No. 12/66-IT(B) dated 9-6-1965-Waiver/Reduction of interest-Section 215/217-Rule 40(1) of the Income-tax Rule...
    Condition for allowance of exemption with respect to additional conveyance allowance to DOs of LIC.
    Taxability of income of non resident contractors engaged by resident organisations.
    Assessment of State Financial Corporation-Change in method of accounting of interest from mercantile to cash-Regarding
    Scope of Rule4 of Reward rules.
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961
    Applicability of Sec.139(10).
    Maintainance of registers by Valuation officers.
    Wealth-tax Act, 1957-Exemption under section 5(1)(xxa) ofWealth-tax Act, 1957
    Modification of groupings of Zonal committees.
    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...
    Action plan for disposal of old appeals and high demand appeals by AACs and Comm(A).
    Procedure for collection, collation and dissemination of information.
    Deduction of tax at source-Section 194C of the Income-tax Act, 1961-Deduction from payments to contractors and sub-contractors in bidi manufacturing i...
    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 applica...
    Deduction of tax at source-Sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lotteries or crossword puzzles or horse ra...
    Estate Duty Act-Scope of Sec.58.
    Scope of Expl.5 to Sec.271(1)(c).
    "Backward Area" for the purpose of section 80HH of the Income-tax Act, 1961-Problems arising from the omission of the Eighth Schedule of the Income-ta...
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Judicial approach in relation to economic offences.
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Economic offence accountability: State and community are entitled to justice, instructing officers to pursue prosecution vigorously.
Economic offences are deliberate, community harmful crimes for which the State and public prosecutor are entitled to an even handed administration of justice; departmental officers, standing counsels, and departmental representatives are instructed to keep the Supreme Court's observations in mind and to invoke them when handling and representing the Department in economic offence and forfeiture proceedings.
Clarification regarding Board's Circular No. 12/66-IT(B) dated 9-6-1965-Waiver/Reduction of interest-Section 215/217-Rule 40(1) of the Income-tax Rules, 1962
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Waiver of interest: attribution of assessment delay determines extent of waiver beyond the first year under income tax rules.
Waiver of interest requires first determining whether delay beyond the initial one-year period is attributable to the assessee; if not, waiver or reduction is to be applied from the end of the first year and may extend up to the date of completion of the assessment, excluding any subperiods found to be the assessee's responsibility.
Condition for allowance of exemption with respect to additional conveyance allowance to DOs of LIC.
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Conveyance allowance exemption requires a certificate confirming the allowance is granted 'in the performance' of duties.
Exemption of additional conveyance allowance for Development Officers is conditional on an employer's certificate confirming the allowance was granted in the performance of duties and actually incurred to meet expenses wholly, necessarily and exclusively for those duties; assessing officers may insist that the certificate use the statutory phrasing to reflect the requisite nexus between allowance and duty-related expenditure.
Taxability of income of non resident contractors engaged by resident organisations.
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Taxation of non-resident contractor income: apportion taxable receipts with prescribed profit allocation for onshore activities.
Non-resident contractors' income from turnkey oil and gas contracts must be apportioned between activities abroad and activities in India; income attributable to installation, hook-up and commissioning performed in India is taxable in India, and where sale occurs in India a portion of the profits attributable to the sale is also taxable. A prescribed method allocates a fixed proportion of gross receipts as net income and designates a smaller proportion of that income to the sale element; fees for technical services are excluded from these guidelines and taxed under treaty or statutory rules. Application requires the non-resident's agreement and is time limited.
Assessment of State Financial Corporation-Change in method of accounting of interest from mercantile to cash-Regarding
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Change in accounting method: tax department may accept switch from accrual to cash where banking regulators certify validity.
Where State Financial Corporations change interest recognition from accrual under the mercantile system to cash basis, the Income-tax Department may accept the cash system for assessment if the Reserve Bank of India and IDBI are satisfied that the change is legal, valid and bona fide, and regulatory certification is taken into account by assessing officers.
Scope of Rule4 of Reward rules.
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Basic pay determination for rewards: revised pay scales govern pay drawn on the last day; minima and maxima under review
Rule 4 of the Reward Rules prescribes that basic pay for computing rewards is the pay drawn on the last day of the relevant financial year; consequently, where pay scales are revised during the year, the basic pay as per the revised scales may be used to determine the reward for that financial year. The question of revising the fixed minimum and maximum reward limits is being examined and will be decided separately.
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1987-88 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: employers must withhold tax on estimated annual salary and apply prescribed exemptions and deductions.
Employers must deduct income-tax at source from salary payments by applying the average rate to the employee's estimated annual salary, including prescribed valuation of perquisites, and only where estimated salary exceeds the exemption threshold; specified exemptions, standard deduction and allowable chapter deductions must be applied in computing taxable salary for withholding, while employees may furnish prescribed declarations to consolidate incomes and claim relief, and deductors must obtain and quote a tax-deduction account number and use prescribed challans when remitting withheld tax.
Applicability of Sec.139(10).
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Applicability of Section 139(10) clarified: returns below taxable limit valid only for the initial and subsequent assessment years.
Clarification concerns the applicability of Section 139(10): returns filed below the taxable limit on or after 1 April 1986 are to be treated as invalid except for proviso based exceptions, and the provision applies to the assessment year 1986-87 and subsequent assessment years; officers are to be informed for implementation.
Maintainance of registers by Valuation officers.
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Maintenance of valuation registers ensures annual certification and departmental scrutiny to secure referrals to Valuation Cell.
Instruction requires maintenance of specified valuation registers by assessing officers, periodical checks by Inspecting Assistant Commissioners, and an annual certificate confirming that all cases requiring reference to the Valuation Cell have been referred; Commissioners must insist on the certificate, may call for and scrutinise registers, and ensure officers are informed.
Wealth-tax Act, 1957-Exemption under section 5(1)(xxa) ofWealth-tax Act, 1957
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Wealth-tax exemption under section 5(1)(xxa): companies must apply to the assessing authority for a certificate to claim share-issue relief.
Companies seeking exemption under section 5(1)(xxa) must apply to the assessing authority on the prescribed form (annexure "X"); the Income-tax/Wealth-tax Officer will issue the certificate in the prescribed form (annexure "Y"). The circular recalls earlier guidance and directs dissemination to officers.
Modification of groupings of Zonal committees.
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Zonal committee reconstitution aligns regional tax charges with designated CITs for processing write-off proposals and monthly reporting.
Instruction revises zonal committee groupings for consideration of write-off or scaling-down proposals of irrecoverable income-tax demands by substituting modified compositions for specified serial numbers, aligning particular regional charges with designated CITs responsible for sending monthly reports.
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 1987-88
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Tax deduction at source on insurance commission: threshold exemption, resident/non-resident rates and mandatory TAN compliance.
Tax must be deducted at source on insurance commission at the rates in force for 1987-88, applying resident or domestic company rates and higher non-resident/foreign company rates under non-resident provisions; a statutory low-value annual threshold exempts certain payees from deduction. The Finance Act, 1987, requires deductors to obtain and quote a tax-deduction account number and complies with substituted return-filing obligations; payers should apply to the Income-tax Officer for allotment and follow amended withholding, certification and return procedures.
Action plan for disposal of old appeals and high demand appeals by AACs and Comm(A).
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Appeal disposal schedule imposes time-bound targets to clear old and high-demand income-tax appeals within set financial-year quarters.
The instruction mandates a time-bound Action Plan requiring Appellate Assistant Commissioners and Commissioners (Appeals) to dispose of Old Appeals by quarter-wise deadlines and to treat High Demand Appeals as departmental priorities with successive quarterly cut-offs, directing that the schedule be communicated to Appellate Assistant Commissioners for implementation and monitoring.
Procedure for collection, collation and dissemination of information.
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Information collection procedures require CIB units to collect, verify and report tax information to assessing officers.
The Central Information Branch is designated as the main agency for collecting, collating, verifying and disseminating tax information from sources identified in Action Plans; DDI(Inv.) and DI(Inv.) fix and may vary monetary ceilings. CIB units must record items in a prescribed register, confine collection to specified items, and follow a verification process-initial enquiry, response period, possible summons-after which verification outcomes and required action for assessing officers are recorded. Monthly reports of items needing further action must be sent to CITs, who must maintain registers, forward items appropriately and monitor utilisation.
Deduction of tax at source-Section 194C of the Income-tax Act, 1961-Deduction from payments to contractors and sub-contractors in bidi manufacturing industry-Clarification regarding
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Deduction at Source (contractor payments): payments to Munshis need not include home bidi workers who are employees.
The Board clarifies that withholding under the contractor-payment provision applicable to payments to Munshis need not include payments to home workers who bring bidi to the factory for quality check and payment intermediated by Munshis, because such workers are employees entitled to provident fund and related benefits.
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 1987-88
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Tax Deduction at Source on govt securities interest: withholding rates unchanged; deductors must obtain and quote TDS account numbers.
Deduction of tax at source from interest on Government securities for 1987-88 remains at the same withholding rates; Treasury and Sub Treasury Officers must deduct income tax at source accordingly. The Finance Act, 1987 introduces a requirement to obtain and quote a tax deduction account number under Section 203A, prescribes quoting it in challans, certificates and returns, and provides for a penalty for non compliance; the Act also substitutes the provision on annual returns by deductors, with separate circulars to follow prescribing application timelines and filing authorities.
Deduction of tax at source-Sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lotteries or crossword puzzles or horse races-Rates of tax applicable during the financial year 1987-88
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Tax deduction at source on gambling winnings requires TAN registration and withholding at prescribed rates from June 1.
Deduction of tax at source on winnings from lotteries, crossword puzzles and horse races under sections 194B and 194BB is required where aggregate casual and non recurring receipts exceed Rs. 5,000, with tax deducted on gross winnings after treating Rs. 5,000 as exempt; section 115BB taxes such winnings at a flat rate on assessment. From 1 June 1987 deductors must obtain and quote a tax deduction account number under section 203A and deliver prescribed annual returns under the substituted section 206.
Estate Duty Act-Scope of Sec.58.
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Summary assessment for estate duty enables streamlined completion where amounts fall within the prescribed threshold, with limited penalties allowed.
Summary assessment procedures apply where the returned principal does not exceed the prescribed threshold, and pending cases with notices may be completed as summary assessments; however, an assessing officer may seek Controller approval to proceed with full assessment if summary treatment would harm revenue. The scheme excludes specified non-summary cases and precludes initiation of penalty proceedings for matters covered by the summary assessment framework.
Scope of Expl.5 to Sec.271(1)(c).
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Immunity from penalty under Explanation 5 requires payment of tax and interest by the earlier return filing due date.
Explanation 5 affords penalty immunity where an assessee, during a search, admits undisclosed income, explains its derivation and pays tax and interest on that income. The Board's view is that this immunity applies only if the tax and interest on the admitted concealed income are paid by the earlier of the due dates prescribed for filing the return of income under the return-filing provisions.
"Backward Area" for the purpose of section 80HH of the Income-tax Act, 1961-Problems arising from the omission of the Eighth Schedule of the Income-tax Act with retrospective effect-Notification of backward areas-Certain clarifications-Regarding
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Backward area designation clarified: prior schedule areas retain tax benefit for qualifying industrial undertakings and hotels started before amendment.
The amendment omitted the Eighth Schedule and authorized the Central Government to specify backward area by notification, with limited retrospective effect; notwithstanding that notification, areas specified in the omitted Schedule continue to qualify for the tax incentive for industrial undertakings and hotels that began operations before the amendment's assent. District references in the notification apply to their earlier boundaries, and a typographical district name error is corrected.

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