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Instructions regarding income limits for assigning cases
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Adjustment of case assignment limits allows local modification to ensure equitable workload among assessing officers.
Permits Commissioner level authorities to adjust the Board's monetary limits for assignment of income tax cases by up to Rs. 5 lakhs where strict application would cause substantially uneven workload distribution between DCsIT/ACsIT and ITOs, subject to recording reasons. Clarifies that 'mofussil areas' mean all stations other than the specified metro cities, preserving the territorial classification for applying the limits.
Income-tax Explanatory Notes to the provisions of the Finance Act, 2010
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Tax rate structure and direct tax amendments update rates, TDS thresholds, deductions and source rules for non resident income.
Finance Act, 2010 enacts comprehensive amendments to direct tax law: it prescribes updated tax and TDS rate schedules, clarifies source rules for non resident income to include certain interest, royalty and fees irrespective of where services are rendered, modifies the definition of charitable purpose to allow limited commercial receipts, expands and increases weighted deductions for scientific research and in house R&D, extends investment linked deductions to specified hotels, hospitals and housing projects, raises TDS and audit thresholds, adjusts MAT and insurance income computation, and establishes conditions for tax neutral conversion of companies into LLPs; applicability dates and retrospective provisions are specified for each change.
Taking opinion of technical experts and bringing on record technical evidence in cases involving complex issues of technical nature and substantial revenue - Directions of the Hon’ble Supreme Court
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Technical expert evidence: obtain and disclose expert opinion before framing assessments in complex, high revenue tax cases.
Assessing Officers must obtain and record formal technical expert opinions and technical evidence in assessments involving complex technical issues and substantial revenue, identifying such cases early and initiating proceedings before limitation. CCIT/DGIT shall monitor complexities and assist in securing timely expert opinions; evidence must be provided to the assessee with a reasonable opportunity before assessment. After referral, Board must be informed via Member (IT) with case particulars, expert details and tax effect.
Regarding Standard Operating Procedure on filing of Appeals/Special Leave Petitions by the Income Tax Department in the Supreme Court and related matters
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Timely filing of Special Leave Petitions required to ensure prompt appellate processing and compliance with prescribed timelines.
A zero-delay regime mandates fixed timelines and institutional mechanisms for filing appeals and Special Leave Petitions: CCITs must create High Court Cells to collect and transmit orders, CITs must promptly assess judgments for substantial questions of law, prepare Proforma B with required documents, and forward proposals to the Directorate (L&R) for timely processing, vetting by the Ministry of Law and final filing; delays must be justified and quarterly monitoring reports submitted.
Date of filling of ITR-V extended to 31st July, 2011.
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Extension of ITR-V filing: deadline extended to 31 July 2011; post ITR-V to CPC Bangalore by that date.
The Central Board of Direct Taxes, under Section 119(2)(b), extends the filing period for ITR-V forms for electronically filed returns without digital signature to 31 July 2011 or within 120 days from the date of uploading, whichever is later, and directs that ITR-Vs be sent by ordinary post or Speed Post to the Centralised Processing Centre, Bangalore.
Revision of monetary limit of appeals by the Department before Income Tax Appellate Tribunal, High Courts and Supreme Court - measures for reducing litigation - Reg -
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Monetary limits for departmental appeals restrict filing to cases where tax effect exceeds prescribed thresholds, with specified exceptions.
Appeals in income tax matters are to be filed on merit only where the tax effect of disputed issues exceeds prescribed monetary limits; "tax effect" means the difference in tax on total income with and without disputed issues (excluding interest unless interest chargeability is disputed) and includes notional tax on converted losses and penalty reductions. The tax effect must be calculated separately for each assessment year and appeals may be filed only for years where that effect exceeds the limit, subject to special rules for composite orders, required recording where appeals are not filed due to low tax effect, and exceptions for constitutional questions, ultra vires findings, and accepted Revenue Audit objections.
U/s 143 of IT Act 1961 - Processing of returns of A.Y. 2010-11
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TDS credit processing: relaxed acceptance when claimed TDS closely matches reported data, otherwise verification required.
Administrative instructions for processing returns set that claimed TDS closely matching AS-26 data may be accepted without verification; zero matching generally requires verification except limited small claims for simple return types; claims with an invalid TAN must be disallowed; all other claims require verification before TDS credit is allowed.
Instructions regarding Income limits for assigning cases for Deputy Commissioners / Assistant Commissioners / ITOs.
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Income thresholds for tax case allocation increased to reduce taxpayer hardship; metro and mofussil assignment limits revised accordingly.
Instruction increases monetary limits for assigning income tax cases to ITOs and ACs/DCs, distinguishing corporate and non corporate returns and between metro and mofussil areas (metros: Ahmedabad, Bangalore, Chennai, Delhi, Kolkata, Hyderabad, Mumbai, Pune). The revised thresholds are intended to reduce taxpayer hardship from transfers across stations, reflect increased trade scale since the prior limits, supersede earlier instructions, and apply from the stated effective date.
Immediate launching of prosecution in certain categories of cases
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Immediate initiation of prosecution allowed in national security, undisclosed foreign asset and major fraud tax cases before appeal disposal.
Immediate initiation of prosecution proceedings is authorised after completion of assessment/reassessment without waiting for disposal of appeals or penalties in cases linked to anti national or terrorist activity or corruption; where undisclosed foreign assets or foreign bank accounts are detected; involving major frauds, scams or misappropriation of government funds or public property; and in any other case where the Commissioner considers immediate prosecution fit.
Constitutes the Dispute Resolution Panel (DRP) In exercise of powers conferred under section 144C
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Dispute Resolution Panel under section 144C establishes three-member panels at specified centres for transfer pricing review.
The Board constitutes a Dispute Resolution Panel (DRP) under the statutory provision for transfer pricing review, establishing three-member panels at specified centres composed of Commissioners/Directors with International Taxation and Transfer Pricing functions. Members will perform DRP duties in addition to regular duties. The order supersedes prior DRP orders and operates with the approval of the Board chairman, effective from 12-1-2011 until further orders.

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Acts Income Tax