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Circulars
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Instructions regarding Income limits for assigning cases to Deputy Commissioners/Assistant Commissioners/ITOs
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Income limit revision for jurisdictional assignment sought to rebalance assessment workload; regional proposals required with consensus and no disruption.
Chief Commissioners of Income Tax are directed to submit regional proposals to revise income limits for assignment of cases among ITOs and ACsIT/DCsIT, after obtaining consensus within the region and ensuring that record transfers or administrative changes will not affect assessment work, revenue collection, or action-plan targets; proposals must be submitted via the specified fax and email channels by the stated deadline.
Constitution of an Expert Committee on GAAR to undertake stakeholder consultations to finalize the guidelines for General Anti Avoidance Rules (GAAR) - Scope of terms of Reference of Expert Committee on GAAR expanded
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Taxation of non-resident asset transfers: expert committee to examine applicability for all non-resident taxpayers and report recommendations.
Examination of the applicability of the amendment on taxation of non-resident transfer of assets where the underlying asset is in India is added to the Expert Committee on GAAR's terms of reference, directing review of the amendment's operation for all non-resident taxpayers and requiring stakeholder consultations and submission of recommendations to the Government by the prescribed reporting date.
Institutional Mechanism for Forming Departmental View on Contentious Legal Issues
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Departmental View process centralizes tax interpretation to issue consistent guidance and curb litigation across the department.
An institutional mechanism requires Regional Technical Committees to filter contentious income tax issues and refer significant matters to a Central Technical Committee (CTC), whose Secretariat researches and formulates a tentative Departmental View. The CTC circulates drafts to RTCs, obtains divisional inputs, resolves conflicts through Member (A&J), and places the final draft before the Board. If approved, the Departmental View will be issued as a Circular u/s 119 for compliance; conflicting High Court decisions render the view inoperative in that jurisdiction while the CTC examines whether to pursue further appeal or legislative change.
Dispute Resolution Panel - Reference to - Reconstitution of DRP at Mumbai - 1
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Reconstitution of Dispute Resolution Panel under section 144C prescribes alternate member composition when supervising officers are implicated.
The Board reconstitutes the Dispute Resolution Panel for Mumbai 1 as a three member panel of Commissioners of Income tax to consider draft assessment and transfer pricing orders, specifying named primary Members and named alternates to replace any Member who was the supervising officer of the Transfer Pricing Officer or the Assessing Officer at the relevant time; if the taxpayer files no objection, the primary Members will hear the case, and DRP members shall perform these duties in addition to their regular functions until directions are issued.
Corrigendum to Order No. 6/FT&TR/2012, dated 10-7-2012 and Order No. 7/FT&TR/2012, dated 31-7-2012 constituting DRPs and alternate DRP at various places
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Dispute Resolution Panel composition clarified: supervising officer reference amended and default panel membership applies if taxpayer raises no objection.
Correction to DRP constitution: the supervising officer reference is changed to the supervising officer of the TPO at the time of issuance of the transfer pricing order. Additionally, if a taxpayer within a specified jurisdiction files no objection to its case being heard by the DRP listed for that jurisdiction, the DRP shall comprise the members specified for that jurisdiction in the corresponding table.
Constitution of a Committee for redressal of the demands/issues raised by ITGOA and ITEF
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Interim committee constituted to address employee grievances, examine association demands and recommend prompt administrative action.
An interim Committee of two CBDT Members, supported by Ad. IX section, is constituted to examine present and pending demands/issues raised by ITGOA and ITEF, suggest courses of action on those demands, and propose establishment of a permanent grievance redressal mechanism for income tax department employees; the Committee must submit recommendations to the Chairman within a short specified period.
Relaxation from compulsory e-filing of return of income for assessment year 2012-13 - for representative assessees of non-residents and in the case of private discretionary trusts –regarding.
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Relaxation from compulsory e-filing allows agents of non-residents and private discretionary trusts to avoid electronic submission due to system limits.
The Board exempted agents of non-residents (representative assessees) and private discretionary trusts from the mandatory electronic furnishing of income tax returns for the assessment year, on account of practical difficulties arising from multiple agent relationships and e filing software limitations that prevent acceptance of private discretionary trusts filing in the status of an individual.
Inadmissibility of expenses incurred in providing freebees to Medical Practitioner by pharmaceutical and allied health sector Industry
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Deductibility denial for prohibited freebies: providers cannot claim deduction and recipients may face taxable income.
Expenses by pharmaceutical and allied health sector entities for freebees to medical practitioners or their associations that violate the Indian Medical Council Regulations, 2002 are inadmissible as business deductions under section 37(1) of the Income Tax Act because the Explanation denies deduction for expenses incurred for purposes prohibited by law; the provider must face disallowance. The equivalent value of such freebees is taxable in the hands of the recipient as business income or income from other sources, subject to factual examination by assessing officers.
Order under Section 119 of the Income Tax Act, 1961.
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Due date extension for mandatory e filers after power disruption permits later filing under tax administrative powers.
Extension of the due date for filing income tax returns is directed for assessees mandatorily required to e file whose original statutory filing date fell on 31 July; the tax administration, invoking powers under Section 119 in light of power failures disrupting general life, shifts the operative filing deadline for that category to a later specified date as an administrative instruction.
Income-tax authorities - Instructions to subordinate authorities - Order extending due date for filing Form 49C for F.Y. 2011-12
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Extension of filing due date allows paper submission for Form 49C due to electronic filing outage.
The Board, invoking powers under section 119, extended the due date for filing Form 49C to 30th September, 2012 because the electronic filing facility required by section 285 and Rule 114DA was not yet operational. For the financial year 2011-12 Form 49C may be filed in paper mode instead of electronically with digital signatures; such paper filings must be sent by Registered Post or Speed Post to the Director General of Income Tax (International Taxation) at the specified New Delhi address.
Income-tax authorities - Instructions to subordinate authorities - Authorization of AOs in certain cases to rectify/reconcile disputed arrear demand
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Authorization to rectify disputed arrear demands allows assessing officers to correct figures and refund excess.
Assessing Officers are authorized under the Board's exercise of powers to rectify or reconcile disputed arrear demand figures on merits notwithstanding the expiry of the four year limitation under section 154(7). Where CPC has adjusted refunds based on inaccurate AO uploaded arrear figures, the AO must verify claims, refund any excess, and upload amended figures to the Financial Accounting System; in all other disputed cases the AO must verify and correct arrear figures in records and on the CPC portal.
Supplementary Memorandum Explaining the Official Amendments Moved in the Finance Bill, 2012 AS REFLECTED IN THE FINANCE ACT, 2012.
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General Anti-Avoidance Rule deferred, revenue bears onus and taxpayers may seek Advance Rulings on arrangements.
The Finance Act, 2012 introduces targeted amendments: a tax exemption for Prasar Bharati effective 1 April 2013; substantive modification and one year deferral of GAAR with Revenue bearing onus, addition of an independent law member to the GAAR Approving Panel and AAR access for taxpayers; retention of VCC/VCF exemptions from TDS/DDT; extension of a 5% withholding rate for external borrowings and approved infrastructure bonds to all businesses; a 10% concessional tax rate on long term capital gains for non resident transfers of unlisted securities; treatment of excess share premium as income with potential notified exemptions; new retail equity deduction under section 80CCG; various TCS/TDS threshold adjustments; withdrawal of proposed TDS on immovable property transfers; and clarifications on DRP and TDS procedural language.
Special Deposit Scheme (SDS), 1975 - Revision of Rate of Interest
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Special Deposit Scheme interest revision raises rates affecting non-government provident, superannuation and gratuity fund deposits.
Revision of interest rates under the Special Deposit Scheme for non-government provident, superannuation and gratuity funds: a notification of March 13, 2012 fixed the rate at 8.6% per annum effective December 1, 2011; a subsequent notification of May 22, 2012 fixed the rate at 8.8% per annum effective April 1, 2012 until further orders.
Clarification regarding reopening of completed assessments on accounts of clarificatory amendments introduced by Finance Act, 2012, in Section 2 clause (14), Section 2 clause (47), Section 9 and Section 195 with retrospective effect
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Retrospective clarificatory amendments bar reopening of completed assessments under reassessment provisions merely on that basis.
Clarificatory amendments introduced by the Finance Act, 2012 in section 2(14), section 2(47), section 9 and section 195 were given retrospective effect to remove doubts about statutory meaning and to state the law from the dates of their original operation. Assessments completed under section 143(3) before 1 April 2012, where no reassessment notice had been issued before that date, are not to be reopened under sections 147/148 merely because of those amendments, though any assessment or other order validated by them remains enforceable.
Section 143 of the Income-tax Act, 1961 - Assessment - General - Processing of returns of A.Y. 2011-12 - Steps to clear backlog - Withdrawal of Instruction No. 1/2012.
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TDS matching rules: streamlined acceptance or verification of TDS credit claims depending on matching and TAN validity.
The Board withdrew the earlier instruction and set procedures for TDS claims in return processing: where the difference between a taxpayer's TDS claim and matched AS-26 data is within a small threshold, TDS credit may be accepted without verification; zero matched TDS requires due verification before credit; claims with an invalid TAN must be disallowed; and all other cases require due verification before allowing TDS credit during assessment processing of ITR-1 to ITR-6.
Centralization in cases relating to investigations based on information received from outside under the DTAA
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Centralization of DTAA investigations requires regional CCsIT management with unified oversight by one CIT.
Investigations based on information received from abroad under DTAAs/TIEAs should be centralized regionally: cases remain under the respective jurisdictional CCsIT rather than a single CCsIT, with unified oversight by one CIT in the region, replacing the earlier instruction to place all such cases under a single CCsIT.
Finance Act, 2011 - Explanatory notes to the provisions of the Finance Act, 2011.
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Charitable purpose definition narrowed and threshold raised, affecting exemption eligibility and commercial activity receipts.
The Finance Act, 2011 specifies income tax and withholding/advance tax rates for AY 2011 12 and makes comprehensive amendments to the Income tax Act, 1961 and related laws: it narrows the scope of charitable purpose by raising the monetary threshold for commercial like receipts, creates targeted exemptions (e.g., for certain statutory bodies and notified infrastructure debt funds), expands investment linked deductions (including affordable housing and fertilizer), increases weighted research deductions, introduces countermeasures for non cooperative jurisdictions, rationalises transfer pricing and introduces an alternate minimum tax for certain LLPs, while revising procedural, filing and information exchange rules.
Transfer of specified members of ITAT from one Benches to another Benches
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Member transfers: specified ITAT members reassigned between benches, with joining time and transfer benefits rules applied.
An administrative order transfers specified Income Tax Appellate Tribunal Members between benches in the public interest, listing each Member's current and new posting. It treats one transfer as request-based, denying that Member joining time and transfer benefits, while other transferred Members may avail joining time and transfer travel allowance as admissible under service rules.
Guidelines for engagement of Standing Counsels to represent the Income-tax Department before High Courts and other judicial forums.
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Engagement of Standing Counsels: procedural eligibility, duties and fee schedule governing departmental representation and renewals.
Guidelines prescribe procedures for engaging Senior and Junior Standing Counsels to represent the Income-tax Department, setting eligibility criteria, selection by CCIT-led screening, three-year initial engagements, quarterly and annual performance reviews for renewal, duties including drafting, filing and prompt certified-copy processes, departmental assistance obligations, constraints on private practice, and a detailed Annexure II fee, retainer and payment regime with billing formats and deductions for delayed certified copies.
Section 144C of the Income-tax Act, 1961 - Dispute resolution panel - Reference to - Constitution of DRP at specified places - modification of order no. 1/ft&tr/2012 and no. 2/ft&tr 2012.
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Dispute Resolution Panel under Section 144C constituted, members appointed and orders modified with immediate effect.
Constitution of a Dispute Resolution Panel (DRP) under Section 144C by partial modification of orders No.1/FT&TR/2012 and No.2/FT&TR/2012, constituting three-member DRPs at specified places, assigning named Commissioners/Directors to perform DRP duties in addition to regular duties, effective immediately and until further order, issued with the approval of the Chairman.

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