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Clarification on the immunity provided u/s 270AA of the Income-tax Act, 1961
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Immunity under section 270AA does not preclude contesting earlier years nor imply acquiescence in penalty proceedings.
Section 270AA allows an assessee to apply for immunity from specified penalties and initiation of criminal proceedings-chiefly immunity from imposition of penalty under section 270A (excluding misreporting penalties) and from initiation of prosecution-subject to conditions and Assessing Officer discretion. Filing an immunity application does not preclude the assessee from contesting the same issue in earlier assessment years, and tax authorities must not treat such an application as acquiescence that justifies an adverse view in penalty proceedings for prior years.
Computation of admissible deduction u/s 10A of the Income Tax Act, 1961 - Regarding
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Export turnover exclusion: expenses excluded from export turnover must also be excluded from total turnover when computing section 10A deduction.
Deduction under Section 10A allocates business profit to exports in proportion to export turnover and total turnover; items excluded from export turnover-freight, telecommunication charges, insurance attributable to delivery outside India, and expenses in foreign exchange for providing technical services outside India-must also be excluded from total turnover, and the statutory allocation formula must be applied with these exclusions from both numerator and denominator.
Launch of functionality for Demand Analysis in Income Tax Business Application (ITBA)
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Demand analysis functionality consolidates tax demands so Assessing Officers can update recoverability and dispute status for enforcement.
Demand Analysis in ITBA consolidates current and arrear demands from AST, CPC-FAS and CPC-AO into an AO-facing screen where AOs/AO staff update recoverability status and dispute details for PAN/AY-wise demands. Updates synchronise to Dossier reports and will feed CAP-1 and other statistical outputs. The tool supports marking duplicate/manual errors, initiating rectification or manual order uploads, uploading attachments, exporting data, and instructing CPC-ITR on demand adjustment (Yes/No/Partial).
​Order under Section 119 of the Income-tax Act, 1961 for extending the due date for filing of returns A.Y. 2018-19 - reg.
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Extension of return filing due date under section 119, shifting the statutory deadline for specified taxpayers.
The Central Board of Direct Taxes, under Section 119 of the Income-tax Act, 1961, extends the due date for filing income-tax returns for specified categories of taxpayers for assessment year 2018-19. The order changes the deadline prescribed by Section 139(1) from 31st July, 2018 to 31st August, 2018, issued as an administrative Order by the Department of Revenue, Ministry of Finance.
CBDT Notified specified income-tax authorities for furnishing specified information to the authority
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Information sharing under section 138 requires income-tax authorities to furnish specified investigation and assessment summaries to CEIB.
CBDT directs specified income-tax authorities, under section 138(1)(a), to furnish preliminary search reports, summaries of survey/appraisal reports, summaries of assessment and appellate orders in cases searched/surveyed by DGIT(Investigation), and prosecution details to the Director General, CEIB. Each specified authority must form the opinion that such furnishing is necessary for CEIB functions, and the Investigation Division of CBDT will manage the protocol for information transmission.
Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court-measures for reducing litigation-Reg.
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Monetary limits for departmental appeals revised, restricting appeals to cases where tax effect exceeds prescribed thresholds.
Prescribes that departmental appeals and SLPs in Income-tax matters should not be filed unless the tax effect of disputed issues, computed year-by-year and including surcharge and cess but excluding interest unless disputed, exceeds specified monetary limits; composite orders involving multiple years require appeals in all covered years if any year exceeds the limit. The Assessing Officer must calculate tax effect per assessment year, special computation rules apply where income is computed under alternate tax provisions, and specific exceptions require contesting adverse decisions regardless of tax effect.
Order under Section 119 of the Income-tax Act, 1961
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Extension of time to link PAN with Aadhaar for filing tax returns under Section 119 of the Income tax Act.
Under Section 119 of the Income tax Act, the CBDT extends the time for linking PAN with Aadhaar for the purpose of filing tax returns, further postponing the deadline specified in its earlier orders and allowing taxpayers additional time to complete PAN-Aadhaar linkage in connection with income tax return filings.
Order under Section 119 of the Income-tax Act, 1961 - CBDT further extends the time for linking PAN with Aadhaar
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Linking PAN with Aadhaar: extension granted, allowing more time for taxpayers to comply with the statutory linking requirement.
The Central Board of Direct Taxes, under Section 119 of the Income-tax Act, 1961, administratively extends the time permitted for taxpayers to link PAN with Aadhaar for purposes of filing income-tax returns, following prior orders setting earlier deadlines and providing additional time to comply with the linking obligation.
Timely completion of investigation in STRs /TEPs and forwarding of investigation reports to AOs by Investigation Wing
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Timely completion of investigations: ensure investigation reports reach Assessing Officers well before limitation periods to enable statutory action.
Investigation reports from STRs and TEPs must meet category-based SOP deadlines and be forwarded so Assessing Officers receive actionable findings well before limitation periods expire. Investigating officers must send reports in time to permit AO enquiries and approvals, with reasons formally recorded for any delay. The Investigation Wing leadership is directed to strictly enforce adherence to these timelines and ensure reports are transmitted at least six months before the date of limitations where statutory action may be required.
Dissemination of STRs to LEAs - linkages
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Dissemination of suspicious transaction reports limited to first degree linkages; further linkages available on request.
FIU-IND will disseminate suspicious transaction reports only when they contain confirmed first-degree linkages; linkages beyond first degree will be provided only on a case-by-case request via FINnet. Registered FINnet users must follow SOP procedures for nomination and any change in registration must be notified to the Central Board of Direct Taxes.
Filing of references for restoration of struck-off/de-registered companies under Companies Act, 2013
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Restoration of struck-off companies: tax department must file NCLT references with MCA cooperation and nodal coordination.
Directs the Income-tax Department to file NCLT reference applications for restoration of struck-off/de-registered companies where parameters such as pending tax liabilities justify objection; ITD may act as an aggrieved creditor and should file before territorial NCLT Benches. MCA will cooperate and not oppose ITD applications; designated ITD nodal officers will receive public notices from RoCs and coordinate identification and filing of cases, with reporting to Member (A&J), CBDT and Pr. CIT/CITs identifying cases based on ITD and public information.
Notification in respect of assigning jurisdiction to Commissioner (Appeals) under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act,2015
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Appeals jurisdiction under Black Money Act allocated to designated regional Commissioners (Appeals), with centralized assignment and reporting adjustments.
Appellate jurisdiction under the Black Money Act is to be assigned to designated Commissioners (Appeals) from existing Income-tax Commissioners (Appeals), with specified regional stationing for each designated Commissioner. Principal Chief Commissioners must submit revised draft jurisdiction orders indicating the Span of Control after assignment. International taxation cases under the Black Money Act are to be assigned to one designated Commissioner (Appeals) stationed in the national capital region.
Income Tax Business Application (ITBA) - BPU roles to access 360° view screen - Procedure of Role Assignment
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Role assignment procedure for BPU access to comprehensive PAN view requires posting order and taking charge confirmation.
Procedure requires RCC Admin to assign BPU roles in ITBA only after receiving the officer's posting order from the competent authority and confirmation that the officer has taken charge (taking over report), and to revoke the previous incumbent's BPU role on new postings; assigned BPU users may access the 360 view screen showing PAN details, ITR history, processing, tax payment, TDS, ITS and e-filed non ITR forms.
​Order u/s 119 of the Income-tax Act, 1961 - CBDT further extension of date for linking of Aadhaar with PAN
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Linking PAN with Aadhaar: deadline further extended by CBDT under Section 119 administrative order for return filing.
The Board has further extended the timeline for linking PAN with Aadhaar for filing income tax returns, permitting linkage until 30th June, 2018, pursuant to an administrative order issued under Section 119 of the Income tax Act, 1961 and following earlier orders dated 31.07.2017, 31.08.2017 and 08.12.2017.
Launch of Income Tax Business Application (ITBA) - Investigation Module Phase 4
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Seized property management: electronic workflows enable requests for retention, release, transfer and centralisation with approval controls.
Phase Four of the ITBA Investigation Module creates electronic workflows for management of items and proceedings recorded during Search and Survey: officers may initiate retention/ release requests for seized books/documents, transfer seized items between AOs with specific approval requirements for non jurisdictional transfers, and initiate adjustment/release of cash and other assets tied to PAN entries. The system routes workitems through investigative and supervisory officers for comments, approvals or rejections, generates required memos/letters, and updates PD account or strong room records; centralisation of cases and PAN transfer processes are similarly handled via routed approvals.
Explanatory Notes to the Provisions of the Finance Act, 2017
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Income-tax amendments: Finance Act 2017 consolidates rates and reforms capital gains, transfer pricing, TDS and compliance.
Income-tax rates and surcharge structure are specified for various categories of taxpayers and withholding; capital gains, transfer pricing and valuation rules are amended to provide tax-neutral conversions, FMV deeming in certain share transfers, revised base year for indexation, and special computation for joint development agreements; anti-avoidance measures include secondary transfer pricing adjustments and an interest deduction limitation for related-party debt; TDS/TCS regimes expanded and simplified; cash transaction restrictions, charity corpus donation rules and procedural reforms on assessment timelines, returns, Aadhaar quoting and advance rulings are introduced or clarified.
Conduct of Assessment Proceedings in scrutiny cases electronically- regd.
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Electronic proceedings: Scrutiny assessments to be conducted via e proceeding with defined exceptions and procedural safeguards.
Mandate that scrutiny assessments be conducted via the E Proceeding facility on ITBA/E filing, with electronic issuance and digital signing of notices and communications, online verification of responses, office hours compliance for filings, automatic e submission closure before time bar dates, and discretionary reopening in exceptional cases. Exceptions permit temporary manual handling at limited bandwidth stations and in specified situations requiring manual examination or personal hearing; case records and note sheets should be maintained electronically where possible.
CBDT directs that Principal Director General of Income-tax (Systems), New Delhi (Pr. DGIT(Systems)) shall be the specified authority for furnishing the information to the Chief Executive Officer, Government e Marketplace (GeM)
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Information sharing for seller verification: income-tax systems to furnish PAN, balance sheets and director details to GeM.
CBDT designates the Principal Director General of Income-tax (Systems) as the specified authority to furnish PAN data, the latest three years' balance sheets, key directors' details and any further information necessary for verification of sellers to GeM, permitting online verification where enabled; information is restricted to GeM's internal use. A Memorandum of Understanding between Pr. DGIT(Systems) and GeM shall govern data transfer mode, confidentiality, secure preservation, weeding and the frequency and timelines for furnishing information.
Determination of fair market value of unquoted equity shares of 'Start Up' companies under section 56(2)(viib) of the Income-tax Act read with Rule 11UA(2) of Income-tax Rules
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Fair market value determinations for startup shares: recovery measures stayed where valuation under rule was disputed
For companies qualifying as Start Ups under the cited DIPP notification, where an Assessing Officer has modified or rejected a valuation furnished under Rule 11UA(2) and made additions under Section 56(2)(viib), no coercive measures to recover the outstanding demand shall be taken, and pending appeals before the Commissioner (Appeals) should be administratively expedited for disposal.
Usage of online Bulk utility and web based requests to FIU-IND for data required for investigation
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Online information requests to FIU IND now mandatory; use bulk utility or web requests for investigation data.
Use of online requests is mandated for obtaining FIU IND data for investigations; paper requests are not acceptable. Requests must be submitted via Finnet using the Bulk Utility for multiple persons or the web based facility for limited queries. Online submissions yield immediate notification if no data exists and data, if available, within seventy two hours. Helpdesk contacts are provided and unresolved issues should be escalated to the CBDT official email.

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