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    Scope of benefit u/s 273A(1).
    Subsidy granted by the State Government to producers for the production of feature films in regional languages-Treatment of
    Deduction of income-tax at source under section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable duri...
    Payments made to contractors and sub-contractors-Deduction of tax at source under section 194C of the Income-tax Act, 1961, on income comprised therei...
    Exemption of capital gain arising on sale of property used for residence
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1989-90 under section 192 of the Income-tax Act, 1961
    Deduction of tax at source-Sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle or horse race-...
    Collection of income-tax at source during the financial year 1989-90-Profits and gains from the business of trading in alcoholic liquor, forest produc...
    Issue of certificate u/s230A.
    Sec.2(7A)-Demarcation of jurisdiction of AOs.
    Test check of some wards and circles by CsIT.
    Quota for disposal of appeals by CIT(A).
    Issue of certificate u/s 230A.
    Repayment of amount on the closure of account under the National Savings Scheme-Taxability of
    Scope of Sec.143 substituted by Direct Laws(Amendment) Act, 1987.
    Approval of application under section 80-O of the Income-tax Act, 1961-Modification of procedure
    Guidelines with respect to disposal of applications u/s 80-O.
    Repayment of amount from the account under the National Savings Scheme to the legal heirs of the assessee-Taxability of-Regarding
    Deduction under section 80CCA of the Income-tax Act, 1961-Notification of the Annuity Plans of the Life Insurance Corporation-Date of application-Rega...
    Scope of Sec.80-O.
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Scope of benefit u/s 273A(1).
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Voluntary disclosure must be individual to secure a penalty waiver; separate disclosures cannot be combined for eligibility.
The waiver under section 273A(1) depends on a singular voluntary and good faith disclosure; disclosures made on different dates for different assessment years cannot be clubbed together to obtain the once in a lifetime benefit, though simultaneous applications for multiple years may be considered year by year by the commissioner.
Subsidy granted by the State Government to producers for the production of feature films in regional languages-Treatment of
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Subsidy treatment for regional film producers: exempt from income tax but not deductible from production cost under rule 9A.
Subsidies from State Governments to producers of regional feature films are not to be charged to tax; however, under the Explanation to sub rule (1) of rule 9A of the Income tax Rules, 1962, the cost of production must be reduced by any subsidy that has been included in computing the producer's total income, and conversely subsidies not charged to tax shall not be reduced from production cost for rule 9A purposes. The amendment and the concession apply to assessment years subsequent to the amendment's effective date.
Deduction of income-tax at source under section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rate of tax applicable during the financial year 1989-90
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Tax deduction at source on insurance commission requires prescribed withholding rates and compliance, with limited resident exemption.
Deduction of tax at source applies to income by way of insurance commission paid to residents and non-residents, with prescribed withholding rates for different classes of payees and an additional surcharge for resident individuals and domestic companies. The resident de minimis exemption for small annual commission receipts does not apply to non-residents, and amounts credited in the payer's books are treated as credit to the payee for deduction. Payors may apply to the assessing officer to determine taxable income, and non-residents may seek certificates authorising payment without deduction.
Payments made to contractors and sub-contractors-Deduction of tax at source under section 194C of the Income-tax Act, 1961, on income comprised therein-Levy of surcharge-Regarding
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Deduction of tax at source under section 194C now attracts an additional surcharge increasing withheld tax obligations.
Obligations under section 194C require specified payers to deduct tax at source from payments to resident contractors and, at a reduced rate, from payments to resident subcontractors, with a non-deduction exemption where contract consideration does not exceed the prescribed threshold; the prescribed deduction is to be increased by a Union surcharge calculated on the amount of tax deducted, and departments and public sector payers are instructed to implement and seek assistance from the assessing officer or local Income tax PR officer as needed.
Exemption of capital gain arising on sale of property used for residence
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Exemption for residential capital gains confirmed for self-occupied property despite nil deemed annual value under income tax treatment.
Exemption for capital gain on transfer of a long term residential house is available for self occupied property because income from a self occupied house remains chargeable under the head Income from House Property even if its annual value is computed as nil under the deemed annual value rule and related deductions.
537 - 12-07-1989 Income Tax
Deduction of tax at source-Income-tax deduction from salaries during the financial year 1989-90 under section 192 of the Income-tax Act, 1961
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Tax deduction at source from salaries: employers must compute TDS on estimated annual salary including specified allowances and adhere to compliance rules.
Deduction of tax at source from salaries for 1989-90 under section 192 requires employers to deduct tax at the average rate on estimated annual salary (including specified perquisites and allowances) divided monthly, subject to statutory thresholds and rounding rules. The Circular summarizes rate changes and surcharge amendments, expansion of "income" to include various allowances, valuation of perquisites, and the availability and limits of exemptions and deductions under provisions such as section 10 exemptions, section 16 standard deduction and entertainment allowance, section 80C housing and provident fund provisions, and other reliefs. It sets out Form No.16/Form No.24 filing, TAN quoting, challan use and penalties for non-compliance.
Deduction of tax at source-Sections 194B and 194BB of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle or horse race-Rates of tax applicable during the financial year 1989-90
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Tax deduction at source on lottery and race winnings requires flat-rate withholding with surcharge and strict compliance obligations.
Tax must be withheld on winnings from lotteries, crossword puzzles and horse races where amounts exceed the exemption threshold, on gross winnings after commission-agent deduction, at the flat rate and with the surcharge specified in the Finance Act; specified exceptions apply for certain Sikkim lotteries. Withholders must provide prescribed certificates, quote TAN, file annual TDS returns on designated forms and remit deducted tax to Government within prescribed time, subject to administrative penalties and prosecution where statutory obligations are not met.
Collection of income-tax at source during the financial year 1989-90-Profits and gains from the business of trading in alcoholic liquor, forest produce, etc.-Instructions regarding
Show AI Summary
Collection of tax at source: timber rate lowered, half-yearly returns mandated and strict payment and liability rules enforced.
Collection of income-tax at source under section 206C was amended to reduce the timber rate (where not obtained by forest lease) to five percent, require half-yearly returns for collectors, and impose a Union surcharge on collections. A proviso excludes deemed profit determination for certain alcoholic liquor transactions where goods were not acquired by auction and sale price is fixed by law, removing the obligation to collect under section 206C. Collections must be deposited within seven days; failure to remit exposes the collector to prosecution and makes the seller liable where the collector omits to collect.
Issue of certificate u/s230A.
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Certificate issuance under 230A: communicate further requirements promptly and ensure issuance within prescribed administrative timeframes.
Issuance of certificate u/s. 230A requires Assessing Officers to communicate any further requirements or objections within one week of receipt of an application, and Commissioners of Income-tax must ensure adherence to that one week communication deadline and to the previously prescribed time limit for issuing the certificate.
Sec.2(7A)-Demarcation of jurisdiction of AOs.
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Assessing officer jurisdiction demarcation requires periodic local visits to taxpayers; headquarters attendance only when unavoidable.
Clause 7A of section 2 defines ITO, ACIT and DCIT jurisdictions based on income or loss shown in returns as on the first day of the relevant financial year, which has caused transfer of cases away from taxpayers' localities. The Board directs assessing officers to make periodic tours to taxpayers' business or residence locations and to require attendance at headquarters only when unavoidable, to avoid taxpayer hardship.
Test check of some wards and circles by CsIT.
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Quarterly compliance checks require DCIT and CsIT to inspect tax registers and report defects to the CIT promptly.
Quarterly test checks require DCIT to inspect registers for demand and collection, refund and rectification applications, and appeal-effect registers for selected wards and circles to detect delays, out-of-turn refunds and failures to send refunds by registered post, and to submit a report to the Commissioner of Income Tax within one week with a copy to the Assessing Officer; CsIT must conduct similar quarterly checks and report to the CCIT, and the Board has accepted these recommendations.
Quota for disposal of appeals by CIT(A).
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Appeals quota and weightage: central circles quota reduced and three unit weightage limited to high disputed demand assessment and concealment appeals.
Quota for disposal of appeals by C.I.T.(Appeals) is maintained at ninety appeals per month generally, with a reduced quota of sixty appeals per month for central circles. A weightage of three units is permitted only for appeals involving disputed demand of two lakh rupees and above, applicable solely to assessments and penalties for concealment; weightage is excluded for miscellaneous orders including those under section 154, adjustments under section 143(1), penalties under section 271(1)(a) and for appeals setting aside orders. Instructions effective from 1-4-89.
Issue of certificate u/s 230A.
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Certificate under section 230A: copies must be forwarded to central information branches for centralized investigative use.
Upon issuance of a certificate under section 230A, the assessing officer must send a copy to the Central Information Branches functioning under the Directors of I.T. (Inv) so that centrally held information may be used for investigation; assessing officers are to be informed of this requirement.
Repayment of amount on the closure of account under the National Savings Scheme-Taxability of
Show AI Summary
Deemed income on withdrawal: closure of National Savings Scheme accounts brings the withdrawn balance into taxable income, heirs excluded.
Repayment on closure of a National Savings Scheme account is to be deemed income when a deduction under section 80CCA(1) was previously allowed; closure triggers withdrawal of the whole balance which falls within the deeming clause. Amounts paid to legal heirs on closure after the account holder's death are excluded from this deeming provision.
Scope of Sec.143 substituted by Direct Laws(Amendment) Act, 1987.
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Prima facie admissibility of deductions: Section 143 adjustments limited to patent errors, contested claims need further proceedings.
Substituted Section 143 permits intimation where tax, interest or refund is determinable on the face of a return after specific adjustments: rectification of arithmetical errors; allowance of losses, deductions or reliefs that are prima facie admissible though not claimed; and disallowance of claims that are prima facie inadmissible. Only patent, obvious errors may be adjusted at intimation stage; reliance on past assessments or prolonged inquiry is not permissible. Matters not determinable on the face of the return must be handled through further assessment procedures and may lead to rectification applications under Section 154 if adjustments exceed the proviso's scope.
Approval of application under section 80-O of the Income-tax Act, 1961-Modification of procedure
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Approval under section 80-O: applications must use the prescribed form and are delegated to Chief Commissioners.
Applications for approval of agreements under section 80-O must be made and verified in the prescribed form; with effect from April 1, 1989, approval authority is delegated to Chief Commissioners/Directors-General of Income-tax and pending applications are transferred to them. Thereafter, applications must be filed before the concerned Chief Commissioner/Director-General in the prescribed form with enclosures signed by the person authorised to sign the return, filed in triplicate.
Guidelines with respect to disposal of applications u/s 80-O.
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Deduction under section 80-O: approval, eligibility and procedural requirements govern foreign earned royalties and technical service income.
Deduction under section 80-O allows a fifty percent deduction on net income in convertible foreign exchange from royalties, commissions, fees or similar payments earned by an Indian company from a foreign Government or foreign enterprise, conditional on prior approval of the agreement by the delegated authorities and filing in the prescribed Form No.10F before the relevant filing cut-off; eligibility requires qualifying types of income rendered or used outside India, written agreements evidencing timing of services, exclusion or apportionment of non-qualifying elements in composite contracts, and examination of overlap with foreign-project deduction provisions.
Repayment of amount from the account under the National Savings Scheme to the legal heirs of the assessee-Taxability of-Regarding
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National Savings Scheme repayments to legal heirs are not income under section 80CCA(2), and annuity payments to nominees are exempt.
Amounts in a National Savings Scheme account paid on the death of the assessee to legal heirs are not within the ambit of section 80CCA(2) and are not chargeable to tax in the hands of those heirs; similarly, Gross Insurance Value elements under annuity plans paid to nominees or legal heirs after the assessee's death are not covered by section 80CCA(2) and are not taxable in their hands.
Deduction under section 80CCA of the Income-tax Act, 1961-Notification of the Annuity Plans of the Life Insurance Corporation-Date of application-Regarding
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Deduction under section 80CCA: payments to specified LIC annuity plans qualify for deduction for the relevant assessment year.
The Board clarifies that amounts paid under the notified LIC annuity plans Jeevan Dhara and Jeevan Akshay during the previous year relevant to the assessment year qualify for deduction under section 80CCA even if such payments were made before the date of the Government notification specifying those plans, subject to the statutory deduction limits for that assessment year.
Scope of Sec.80-O.
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Deduction under section 80-O denied for overhead and establishment charges paid to Indian service providers.
The Attorney General advised that amounts described as overhead and establishment charges paid by a foreign enterprise to an Indian company, incurred in India and separately specified from technical service fees, do not qualify for deduction under Section 80-O; this opinion was circulated to officers for information and necessary action.

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