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Circulars
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Provisions of Section 142(1) of the Income-tax Act for recovery of outstanding demand.
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Asset disclosure obligations enable assessors to obtain asset and debtor details to expedite tax recovery.
Assessing officers must obtain, in all scrutiny cases other than salary cases, particulars of an assessee's movable and immovable assets - including debtor names and addresses, bank accounts and deposits - by using assessment enquiry powers to enable early recovery of outstanding tax demands.
Part payment of outstanding demand — Clarification regarding adjustment thereof
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Part payment allocation: apply payments to tax due before interest under section 220(2), ensuring uniform adjustment practice.
For uniform administrative treatment, the Board directed that a part payment be first adjusted towards the tax due rather than towards interest calculated under section 220(2) of the Income-tax Act, and that this adjustment priority be communicated to all officers responsible for tax collection.
Appraisal report under New Scheme of search assessments
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Search assessment reporting mandates a structured appraisal report identifying assessees, seized assets, undisclosed income and follow-up actions.
Standardized appraisal report to be submitted within sixty days of commencement of a search requiring identification of group and assessees under Sections 158BA(1) and 158BC, particulars of premises covered under Section 133A, detailed inventory of assets found and seized, analysis of seized materials and incriminating entries, modus operandi and breakup of evaded income, preliminary head-wise estimate of undisclosed income under Sections 68, 69 and 69A-C, specific follow-up enquiry suggestions, prosecution potential and custody of sensitive documents.
Norms for scrutiny of total income u/s 143(4).
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Exclusion from sample scrutiny extended where returned income increases significantly and tax is paid before filing.
Exclusion from sample scrutiny under section 143(4) is available where the later assessment year's returned income is at least thirty per cent higher than the prior year, both years' incomes exceed the basic exemption limit, the prior year's income does not exceed five lakh rupees, and tax for the later year is fully paid before filing; cases in the compulsory scrutiny basket are excluded from this relief.
Disposal of applications certificates under section 80-G of the Income Tax Act,1961.
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Recognition certificates under section 80G should be issued promptly; inactive trusts may receive one-year certificates without extra reports.
Commissioners of Income-tax should grant recognition certificates under section 80G for trusts that have been inactive without calling for reports from ITOs, limiting such certificates to one year. Issuance of a recognition certificate does not automatically entitle a trust to income-tax exemption; exemption is to be granted by the ITO in regular assessment proceedings, and ITO findings of ineligibility should prompt action to withdraw recognition in line with existing instructions.
Admissibility of deduction on account of salary/interest to partners of firms opting for estimation of income under sections 44AD and 44AE sections 44AD and 44AE
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Estimation-of-income schemes under 44AD/44AE exclude partner salary and interest deductions; no separate claim under section 40(b).
The estimation provisions fix taxable income without regard to the usual deduction framework and therefore subsume expenses that would otherwise be claimed under partnership deduction rules; consequently no separate deduction for partner salary or interest is allowable where a firm elects the estimation scheme.
Penal provisions of Sec.273 of the Income Tax Act, 1961.
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Voluntary disclosure of concealed income can avert Section 273 penalty if advance tax payment and compliance conditions are satisfied.
Penalty under Section 273 should be sympathetically and liberally withheld where a taxpayer, prior to detection, voluntarily and in good faith makes full disclosure of concealed income, furnishes any required statement or estimate of advance tax and pays the advance tax by the prescribed deadline so that tax paid meets the stipulated proportion of assessed tax, files the required return in the prescribed manner and time, and cooperates in enquiries; assessing officers are directed not to initiate penalty proceedings in such cases.
NOC issued in respect of freight charges.
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Taxability of freight charges: NOC may be issued for full remittance where no portion is paid in India.
Freight on import of cargo is not taxable in India unless paid in India to the nonresident shipowner or its agent. Where entire freight is remitted abroad by telegraphic transfer through a foreign bank and no part is received in India, an NOC for the full freight remittance without deduction of tax at source may be issued, subject to the remittance following the described payment timing and mechanism.
Applicability of the provisions of section 194-I of the Income-tax Act to film distributors and exhibitors - Clarification regarding
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Tax withholding on rent-like payments not applicable to distributor-exhibitor revenue shares when no lease relationship exists.
The Board clarifies that the provisions of section 194-I are not attracted to payments representing the exhibitor's share of film exhibition proceeds because the exhibitor does not let out the cinema hall to the distributor, the exhibitor's share is generally for composite services rather than rent, and the distributor does not take the cinema building on lease, sub-lease, tenancy or any agreement of similar nature.
Requirement of TDS u/s. 193 and 194-I of IT Act-Payment of income by way of interest on securities and rent made to Regimental Fund or Non-Public Fund established by Armed Forces of the Union for the welfare of past and present members of such forces or their dependants, whose income is exempt u/c.
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TDS exemption on interest and rent to armed forces regimental funds confirmed; no tax deduction at source required.
Because the income of Regimental Funds and Non-Public Funds established by the Armed Forces is exempt under the relevant income exemption provision, no tax is to be deducted at source under the provisions dealing with withholding on interest and on rent in respect of payments made to those funds.
Applicable rates of taxes under the Double Taxation Avoidance Agreement between India and the United Arab Emirates
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Double Taxation Agreement rates require source tax deduction at treaty-prescribed reduced rates for dividends, interest and royalties.
Withholding agents must apply the treaty rates specified in the Double Taxation Avoidance Agreement between India and the UAE, using whichever is more beneficial to the payee. The circular reiterates that reduced withholding applies to dividends, interest and royalties paid to UAE resident beneficial owners, and highlights preferential treatment for dividends paid to qualifying corporate owners and interest paid by bona fide banks or similar financial institutions.
Steps to ensure conveyance deeds of sale of property by the Central Government.
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Conveyance deed execution: insist on timely execution and purchaser-paid stamp duty to secure transfer of title.
After sale and realisation of the entire sale proceeds, the purchaser must prepare a draft conveyance deed for execution by Director (OT) or Under Secretary (OT) on behalf of the Central Government; the Chief Commissioner verifies details and sends the draft to the Department's Solicitor or Standing Counsel for vetting. After vetting, the purchaser is to pay the necessary stamp duty and present the final conveyance deed on stamped paper for execution and signing by the Central Government's authorised officer. Offices must ensure presentation and execution within three to four months after completion of sale and payment of the sale price.
Section 80-1A(4A)--Whether applicable to the B.O.L.T. Scheme of Indian Railways for development of Railway system--Clarifications regarding
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Tax holiday for rail infrastructure applies to B-O-L-T components leased to railways, excluding rolling stock.
The Indian Railways' Build-Own-Lease-Transfer (B-O-L-T) scheme qualifies for the infrastructure tax holiday under section 80-IA(4A) because private enterprises supply, own, and ultimately transfer crucial rail system components but lease them back to Indian Railways for maintenance and operation, which only Indian Railways can lawfully perform; the concession is limited to rail system development components and excludes rolling stock.

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Acts Income Tax