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Circulars
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Guidelines for compounding of offences under Direct Tax Laws-Amendments—regarding
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Compounding of tax offences: expanded delegation and reduced fees, easing settlement of direct tax violations.
Procedural amendments consolidate compounding of technical offences with CCIT/DGIT, remove the first-offence distinction, and prohibit rejection of applications when guideline conditions are met; referral to the Ministry of Law for higher-value substantive offences is abolished. Compounding fees for specified offences are substantially reduced as detailed, and the amendments apply to future and pending cases except those already compounded, extending mutatis mutandis to other Direct Tax Laws.
Computation of income from international transaction having regard to Arm's Length Price-Section 92 of the Income-tax Act - Reference to Transfer Pricing Officer and his role - regarding.
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Arm's Length Price compliance: extended deadline for selection and mandatory reference to Transfer Pricing Officers with confirmation requirement.
Directive requires completion of selection of cases involving international transactions and reference to Transfer Pricing Officers with regard to Arm's Length Price, authorises an extension of the selection timetable, and imposes a mandatory reporting obligation on Chief Commissioners/Directors General to confirm to the Board that selection and references to TPOs have been completed.
Monetary limit for filing appeal.
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Monetary limit for appeals clarified as revenue effect, covering tax, interest, penalties and other sums, guiding appeal filings.
The instruction clarifies that "monetary limit" and "tax effect" are to be read as "revenue effect", meaning the amount of tax, interest, penalty, fine or any other sum involved; this clarificatory reading promotes uniformity in departmental appeal filing and extends to litigation under other direct taxes.
Parameters for posting of officers in Investigation Wing
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Posting parameters for Investigation Wing require ACR review, integrity checks and permit early reassignment if performance unsatisfactory.
Posting to the Investigation Wing must be based on Annual Confidential Reports and consideration of seniority, integrity and public image; supervisors may reassign officers before completion of the normal tenure if performance is unsatisfactory; differences between DG(Inv.) and cadre control may be referred to the Board for joint decision by Member(Inv) and Member(P); a review of current postings and a compliance report to Member(Inv) is required.
Provisions of Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 - Interest not to be allowed as deduction from income - regarding.
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Interest Deduction Prohibition: interest paid under the Act for delayed payments to small scale suppliers is nondeductible for tax purposes.
Section 9 provides that interest payable or paid by a buyer to a supplier under the Act shall not be allowed as a deduction in computing the buyer's total income for income tax purposes; assessing officers are instructed to note and apply this statutory prohibition when assessing income.
Minutes of the ‘All India Conference of DGIT (Inv.)/CCIT (Central)’ held on 10.5.2003 at Mumbai.
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Search and seizure operations: shift to evidence-focused seizures with stricter coordination and post-search procedural controls.
Directives require operational and procedural reforms for search and seizure and post-search assessments: postings to Investigation Wing are performance-sensitive; DGsIT(Inv.) must lead selection and coordination of searches with jurisdictional notice; seizure policy should prioritize evidence collection over routine seizure of stock-in-trade, and where immediate verification is not possible a prohibition order u/s 132(3) may be used; non-essential documents should generally not be seized; appraisal reports must be brief and handed to Assessing Officers promptly; Investigation Wing should suggest but not quantify telescoping, leaving final decision to the AO; registers must track post-appeal outcomes and recoveries.
Tax on income from manufacture of Rubber and Coffee - Clarification regarding reassessment of income for the assessment years prior to assessment year 2002-03
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Reassessment restrictions: no proceedings under section 147 or 263 where agricultural income tax was paid on rubber or coffee income.
The Board directs that no proceedings under section 147 or section 263 should be initiated for assessment years prior to 2002-03 to determine income liable to income-tax in respect of manufacture of rubber and/or coffee where assessees had already paid agricultural income-tax on the whole of such income.
Computation of income from international transaction having regard to arm's length price—Section 92 of the Income-tax Act—Reference to Transfer Pricing Officer and his role—Regarding
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Arm's length price determination governs income computation from international transactions; TPO sets price, AO adjusts income accordingly.
Computation of income from international transactions must follow the arm's length price determined by the Transfer Pricing Officer (TPO) under section 92C/92CA. The AO may refer transaction-specific international dealings with associated enterprises to the TPO using Form No. 2CEB as a prima facie basis, obtain the TPO's speaking order documenting methods, data and reasons, and thereafter compute total income having regard to that price while giving the taxpayer a formal opportunity to be heard.
03 - 20-05-2003 Income Tax
Computation of income from international transaction having regard to Arm's Length Price - Section 92 of the Income-tax Act - Reference to Transfer Pricing Officer and his role - Regarding
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Arm's Length Price determination centralises transfer pricing references to Transfer Pricing Officers with prescribed AO procedural roles.
The AO may refer identified international transactions with an associated enterprise to a Transfer Pricing Officer who alone shall determine the Arm's Length Price by applying the prescribed methods and the most appropriate method; the TPO must issue a speaking order with reasons and data, provide copies to the AO, and where the AO receives the TPO's order must compute the taxpayer's total income having regard to that Arm's Length Price while affording the taxpayer a formal opportunity to be heard. A register and database of references must be maintained and jurisdictional allocations of TPOs are notified.
The cases of certain assessees owning power looms not to be selected for scrutiny assessment—regarding
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Non-selection for scrutiny: power-loom owners declaring stock and proof of ownership will not face scrutiny.
Where a power-loom owner files an income-tax return for the first time for the assessment year 2004-05, the return shall not be selected for scrutiny provided the assessee makes a true disclosure of yarn and finished goods stock not exceeding Rs. 20,000 per power-loom and furnishes evidence in support of ownership of power-looms in his name; this concession will not have retrospective application or consequences.
2 - 28-04-2003 Income Tax
Indo-US Double Taxation Avoidance Agreement (DTAA) - Suspension of Collection during Mutual Agreement Procedure (MAP) - regarding.
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Suspension of tax collection during MAP: bank guarantee permits abeyance of enforcement until MAP concludes or fails.
Suspension of tax collection during the Indo US MAP is permitted for US resident taxpayers whose MAP requests are admitted by the Indian competent authority, provided they furnish a bank guarantee covering disputed tax and accruing interest; the guarantee enables Assessing Officers to keep enforcement in abeyance and extend payment time during MAP, with invocation permitted if MAP fails or after mutual agreement when revised demands are not paid, subject to requisite notifications between competent authorities.
COD references in the case of PSUs - Annexure to the Revised COD proforma-regarding.
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COD referral requirements for PSU tax disputes: detailed annexure mandating tax impact, reasons, appellate history and legal grounds.
Prescribes an annexure to the revised COD referral proforma for PSU disputes requiring year wise tax effect, reasons for assessment additions, detailed 500 word grounds why the appealed order is legally incorrect, explanations where appellate authorities deleted additions, prior same authority orders with outcomes and CBDT file references, reliance on higher appellate decisions with their fate and departmental acceptance, and a field for other comments.
Payment to World Renewal Spiritual Trust, Mumbai whose income is exempt under section 10(23C) of the Income-tax Act, 1961
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Exemption from TDS: interest and specified mutual fund income payable to an exempt trust may be paid without deduction.
Payments to World Renewal Spiritual Trust, Mumbai-whose income is exempt under section 10(23C)(vi)-of interest on securities, other interest, and income from specified mutual fund units may be made without deduction of income-tax at source under sections 193, 194A and 194K; this instruction applies to the financial years 2002-03 and 2003-04 (assessment years 2003-04 and 2004-05).
Payment to Shri Ram Chandra Mission, Chennai, whose income is exempt under section 10(23C) of the Income-tax Act, 1961
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TDS exemption on specified incomes allows payments to exempt charitable institution without tax deduction at source.
The Board directed that payments to Shri Ram Chandra Mission, Chennai - being an exempt charitable institution under section 10(23C)(iv) - by way of interest on securities, dividends, other interest, and income in respect of units of specified Mutual Funds or the Unit Trust of India may be made without deduction of income-tax at source for financial years 2002-03 and 2003-04.
Confession of undisclosed income during search/survey
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Confession of undisclosed income discouraged; investigations must prioritise independent evidential proof over compelled admissions.
Confession of undisclosed income obtained during search and survey operations should not be solicited or relied upon in isolation; officers must avoid eliciting confessions while recording statements and instead focus on collecting tangible, corroborative evidence. Assessing officers must base assessment orders on evidentiary material gathered during or after searches and surveys rather than on compelled or unsupported admissions.
Nil - 17-02-2003 Income Tax
Corrigemdum to Circular No. 1 of 2003, dated February 10, 2003—regarding
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Authority clarification: circular confirmed as issued by Central Board of Direct Taxes under section 119, instructing circulation.
The corrigendum clarifies that the name of the Central Board of Direct Taxes was inadvertently omitted from Circular No. 1 of 2003 and confirms that the circular was issued by the Central Board of Direct Taxes under section 119 of the Income-tax Act, 1961; recipients are directed to notify all Commissioners of Income-tax and Assessing Officers in their regions.
Clarification regarding taxation of income from dividends and capital gains under the Indo-Mauritius Double Tax Avoidance Convention (DTAC)
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Certificate of residence under Indo Mauritius DTAC secures treaty tax treatment for Mauritius resident investors on dividends and capital gains.
A Certificate of Residence issued by Mauritian authorities is sufficient evidence of both residence and beneficial ownership for applying the Indo Mauritius DTAC to dividends and capital gains; Mauritius resident FIIs and funds incorporated and taxable in Mauritius are treated as residents and, accordingly, not taxable in India on capital gains from sale of shares under Article 13. Where an entity is resident of both States, paragraph 3 of Article 4 deems it resident in the State of its place of effective management, permitting Assessing Officers to determine residence on the facts.
1 - 06-02-2003 Income Tax
Order u/s. 120 read with Section 92CA of the IT Act, 1961
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Transfer Pricing officer appointments allocate jurisdictional and name based responsibilities under Section 92CA for transfer pricing procedures.
The Central Board of Direct Taxes designates Joint Commissioners as Transfer Pricing Officers at five headquarters (Delhi, Mumbai, Bangalore, Chennai, Kolkata) to exercise powers and perform functions under Section 92CA for the purposes of transfer pricing procedures, assigning territorial jurisdictions by states and union territories and dividing assessees administratively by name initials A-L and M-Z for each headquarters.
NIL - 28-01-2003 Income Tax
Circular No. 13/2002 (File No. 275/192/2002-ITB), dated 23rd December, 2002—Deduction of tax at source.
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Exemption limit revised for retirement benefit tax exemption, applying a higher cap to employees retiring after 1 April 1998.
The circular substitutes the earlier Government notification and associated monetary ceiling with a later notification and a higher monetary ceiling, applying that revised exemption limit to employees who retire, whether on superannuation or otherwise, after 1 April 1998.
Order under section 119(2)(a) of IT Act 1961 regarding waiver of interest u/s 158BFA(1)
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Waiver of interest allowed where filing delay caused by seizure or requisition, provided return filed and tax paid.
Administrative authority is given to the Chief Commissioner or Director General to reduce or waive interest where delay in filing is due to seizure or requisition of books, documents, or assets and the delay is not reasonably attributable to the assessee. Relief is conditional on filing the return before completion of assessment and payment of the entire assessed tax except the interest sought to be waived; additional conditions may be imposed.

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