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Circulars
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New Return Forms for Assessment Year 2007-08 matters connected thereto reg
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Mandatory electronic filing for specified firms and companies; e-returns allowed with digital signature or ITR V verification.
Notification establishes new ITR-1 through ITR-8 forms for assessment year 2007-08 and substitutes Rule 12 to specify filing modes: paper, electronic with digital signature, electronic transmission followed by Form ITR-V verification, or bar-coded paper. Firms subject to audit and companies (except specified exempt entities) must file electronically; ITR-7 filers must use paper. Returns in these forms (except ITR-7) must not be accompanied by attachments; supporting documents are to be retained and produced on demand. Electronic submission dates and ITR-V timelines determine the date of furnishing; e-returns will be processed as priority.
Revision in Guidelines for assessments in search and seizure cases
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Search and seizure: allow immediate issuance of Section 153A notices after appraisal, and concurrent prior-period enquiries.
The guideline permits immediate issuance of Section 153A notices after receipt of the appraisal report and seized materials and ascertaining applicable cases; enquiries, including questionnaires for the prior period, may be conducted without awaiting filing of the return for the assessment year of the search; and the Search Register must be prepared and maintained by Assessing Officers of the Central Charges instead of Range heads.
INCOME LIMITS FOR ASSIGNING CASES TO DEPUTY COMMISSIONERS/ ASSISTANT COMMISSIONERS AND INCOME TAX OFFICERS - REITERATION OF EXISTING INSTRUCTIONS
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Case allocation thresholds guide assignment of income-tax cases; delegated adjustment permitted to balance workload with recorded reasons.
Reiterates Board income limits for assigning cases between DCsIT/ACsIT and ITOs, extending the metropolitan threshold to Hyderabad. Allows the CCIT/DGIT to adjust the limit by up to a prescribed margin to remedy substantially uneven workload distribution, subject to recording reasons and informing the Board.
Clarification regarding revision of monetary limits for filing appeals by the department before various appellate bodies or appellate authorities
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Monetary limits for appeals updated: tax effect excludes interest and recurring legal questions may be appealed regardless of limits.
The instruction clarifies that the tax effect for computing monetary limits means tax only, excluding interest, and substitutes prior guidance to allow appeals raising questions of law of a recurring nature to be considered on merits without being constrained by monetary limits; earlier instructions on departmental appeals continue to apply subject to these changes.
Revision of Guidelines for Decentralisation of cases from Central Charges,
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Decentralisation of investigation cases extended, permitting transfers post first appeal with penalty notice and prosecution copy requirements.
Revision permits one time operational decentralisation of investigation cases until the specified deadline to reduce Central Circle pendency. Non scam cases may be decentralised after disposal of the first appeal once the Department files a second appeal, irrespective of pending penalty proceedings, provided an appropriate note on penalty proceedings accompanies the transfer. Where prosecution is contemplated, the existing prosecution guideline applies and the communication to the succeeding assessing officer must also be copied to the succeeding Addl. CIT, CIT and DDIT/DCIT (Prosecution).
Master Circular - Collection of Direct Taxes - OLTAS - RBI
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Online Tax Accounting System (OLTAS) mandates daily validated challan uploads, PAN/TAN capture and synchronized funds settlement.
Directive establishing the Online Tax Accounting System (OLTAS) framework: single copy challan with branded CIN, mandatory PAN/TAN and taxpayer name capture and validation, double date stamping for instruments, and daily transmission of complete validated challan records (Record Type 01/02) from collecting branches through nodal and link cells to the Tax Information Network (TIN). It mandates maker checker controls, reconciliation with Zonal Accounts Offices, use of File Segregation Utility for erroneous records, and alignment of TIN uploads with funds settlement reporting to RBI CAS Nagpur; non compliance attracts delayed remittance interest and supervisory action.
Distinction between shares held as stock-in-trade and shares held as investment - tests for such a distinction
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Classification of shares as investment or stock-in-trade governs whether receipts are capital gains or business income for assessment.
Distinction between holdings of shares as capital asset and as stock-in-trade determines whether receipts are taxed as capital gains or as business income. Assessing officers should examine books of account (valuation and year-end classification), magnitude and pattern of purchases and sales, the ratio between purchases, sales and holding, and the taxpayer's motive. No single test is decisive; conclusions must follow the totality of circumstances. Taxpayers may maintain separate investment and trading portfolios and may have income under both heads accordingly.
ACCEPTANCE OF RETURNS OF INCOME/ FRINGE BENEFITS IN PAPER FORM FOR ASSESSMENT YEAR 2007-08 IN CASE OF FIRMS LIABLE TO AUDIT UNDER SECTION 44AB AND COMPANIES
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Electronic filing requirement temporarily relaxed: paper returns accepted for certain firms and companies, subject to later mandatory e filing.
The Board directed temporary acceptance of paper returns in new ITR-5 or ITR-6 forms for firms subject to audit and companies where electronic filing software was unavailable, subject to limited annexures and a mandatory subsequent electronic filing with digital signature or electronic submission followed by Form ITR-V verification once software is available.
OPTION TO CERTIFY TDS CERTIFICATES BY WAY OF DIGITAL SIGNATURES CIRCULAR UNDER SECTION 119 OF THE INCOME-TAX ACT, 1961
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Digital signatures for TDS certificates permitted, subject to control-number logging, TAN/PAN accuracy and immutability.
Employers may opt to use digital signatures to authenticate TDS certificates (Form 16) for salary income; such digitally signed certificates will be recognised under the income-tax rules provided the employer assigns a control number with a maintained log, correctly records TAN and PAN, and ensures the certificate contents are immutable after signing.
MANAGEMENT OF SCRUTINY WORKLOAD
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Assessment targets for Range Heads set, requiring specified annual disposals and permitting senior officials to reallocate cases.
Range Heads are tasked with conducting scrutiny assessments in their Range's top revenue potential cases selected by returned income to close the gap between workload and disposals. Minimum annual disposal targets are prescribed by category, senior commissioners may reallocate additional cases to Addl./Joint CITs based on local circumstances, and the targets do not apply to Central Ranges.
Senior Citizens Savings Scheme, 2004 - Clarification in respect of rate of interest in death cases
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Rate of interest entitlement: nominees receive saving bank rate from depositor's death until SCSS account closure.
Where a depositor under the Senior Citizens Savings Scheme dies before maturity and the nominee or legal heir approaches the bank to close the account, the nominee or legal heir is entitled to interest at the Saving Bank rate from the date of the depositor's death until the date of account closure.
Taxation Laws (Amendment) Act, 2006 Explanatory Notes on the amendments
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Donor deduction protection preserved even if donee approval or notification is later withdrawn, securing donor tax benefits.
Amendments clarify timelines and procedures, extend donor-protection for deductions where donee approvals or notifications are later withdrawn, require audit reports (Form No.10BB) for certain exempt entities exceeding the basic non-chargeable threshold, expand withholding obligations to rent, royalty and specified receipts, tighten payment traceability by requiring account payee instruments, enable Assessing Officer rectification where convertible foreign exchange is subsequently brought into India, revise penalty limitation and revision provisions, and change rounding of tax and refunds to the nearest multiple of ten rupees.
Order under section 119(2)(a) of the Income-tax Act, 1961, regarding benefits/concessions available to the migrants and residents of Kashmir Valley for the assessment year 2007-08
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Waiver of interest charges for migrant and resident taxpayers extended to cover the 2007-08 assessment year under tax administration orders.
Waiver of interest under section 234A and section 234B is extended for the assessment year 2007-08 to migrant assessees of the Kashmir Valley and to assessees who reside in, or have their principal place of business in, the Kashmir Valley, for the period up to the date of filing the return of income or up to 31-03-2009, whichever is earlier.
Clarification in connection with Income-tax (Third Amendment) Rules, 2007 - Amendment to Forms used as certificates of deduction of tax at source (TDS) and collection of tax at source (TCS)
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Quarterly statement acknowledgement requirement clarified: deductors must quote issued acknowledgement numbers or state 'Not Available' if pending.
The amendment requires deductors to quote the Acknowledgement Number for each Quarterly TDS statement as provided by the TIN Facilitation Centre or NSDL; only acknowledgement numbers actually issued to the deductor must be quoted. If the last quarterly statement has not been furnished and an acknowledgement number is unavailable at the time of issuing Form 16 or Form 16A, the deductor may record "Not Available as the last Quarterly Statement is yet to be furnished."
NEW INTERNAL AUDIT SYSTEM
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Internal audit system restructured to separate assessment and audit functions and impose standardized staffing, targets and accountability.
Introduction of a new Internal Audit System replacing prior Chain and Quality Audit systems, prescribing a standardized staffing and headquarters structure for CsIT(Audit), Addl. CITs, SAPs and IAPs, station wise deployments and distribution of newly sanctioned posts; annual audit norms and case selection criteria; roles and accountability for CCIT(CCA), CsIT(Audit), administrative CsIT/DsIT, Addl. CsIT(Audit) and DIT(Audit); timelines and procedures for remedial action, settlement of audit objections, and obtaining explanations from officers where significant objections are accepted.
Guidelines for compounding of offences under direct tax laws
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Tax sought to be evaded: compute compounding fee on the tax difference between assessed income and original return income.
Computation of the tax sought to be evaded for compounding is the tax on the difference between tax on income determined in assessment and tax on income shown in the original regular return; where no regular return exists, that tax is treated as nil. The explanation requires using the maximum marginal rate for certain assessment types and the statutory tax basis for specified reassessment provisions, and applies to pending and subsequent compounding petitions from the effective date.
Grant of interest on Refunds under section 244A of the Income-tax Act simultaneously with issue of Refund.
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Interest on refunds must be paid simultaneously with refunds, ensuring compliance and accountability for responsible officers.
Grant of interest under section 244A must be paid simultaneously with refunds; assessing officers must ensure no omission or delay in granting interest, conduct periodic test checks, and subject adherence to internal audit, with personal accountability and potential consequences for responsible officers for any failure.
Monitoring of scrutiny assessments by Range head.
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Supervisory review powers affirmed: Range Heads may inspect scrutiny case records for administrative supervision beyond confined instructions.
Range Heads retain inherent administrative supervisory powers to call for and examine records in connection with scrutiny assessments; these powers are not limited to issuing directions under the specified procedural provision and permit broader review and oversight of subordinate Assessing Officers' work.
Revised procedure for Monitoring and handling of Tax Evasion Petitions (TEPs)
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Tax evasion petitions monitoring: centralised registration, categorisation and mandatory timed investigation with documented final reports.
A centralized procedure requires each DIT(Inv.) to operate a Central Registry Unit to register and repository all Tax Evasion Petitions, assign a persistent Unique Identification Number, link related complaints, categorise matters by actionable priority, allocate TEPs to Investigation Units or Assessing Officers, and enforce prescribed investigation, reporting and disposal processes under supervisory controls. Unit heads must assign Investigating Officers, adopt discreet or open enquiry methods, compile final reports with findings and recommendations, and record disposal in the CRU.
Repayment of 8 per cent Relief Bonds, 2002
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Relief bond repayment procedures require investor notice, no post maturity interest, strict payment and reporting controls.
Designated agency branches must notify holders in advance of individual bond maturities, ensure compliance with the investor investment limit and recovery of interest on excess investments, and inform investors that post maturity interest does not accrue. Discharge may be effected by COH or a prescribed stamped receipt, with PAN/Form 60 required where repayments exceed the threshold. Payments must be made by the branch maintaining the BLA, recorded and authenticated in the BLA, with principal and interest accounted separately. Monthly reporting to the Controller of Accounts and PDO is required; reimbursement claims to CAS Nagpur must be electronic, digitally signed, auditor certified, and reconciled with submitted details.

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