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Printing and publication of books u/s 80QQ Income - Tax Act, 1961.
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Deduction for book publication permitted for publishers, including student textbooks; printing-only activity is ineligible unless also publishing.
Under section 80-QQ a deduction is available for profits from the business of printing and publication of books or from publication of books alone; printers who do not also publish are ineligible. The term "books" excludes newspapers, journals, magazines, diaries, brochures, tracts, pamphlets and similar publications. Administrative direction instructs officers not to deny the deduction to publishers of books intended for student use, except where items are expressly excluded.
Prevention of smuggling of, and fradulent dealings in antiquities.
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Prevention of smuggling of antiquities: tax officers must notify archaeologists and withhold disposal pending expert advice.
Where an article seized during a search appears prima facie to be an antiquity or art treasure, income-tax officers must immediately notify the Superintending Archaeologist for identification and valuation, report the archaeologist's advice and particulars to the Director of Inspection (Inv.) in duplicate, and must not release or dispose of the article until receiving instructions; income-tax authorities are not permitted to sell or auction antiquities and acquisition by Government is subject to compensation handled under the income-tax provisions.
'Capital gains' is a loss.
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Set-off option under section 71(2) requires written election before losses are applied against short-term capital gains.
Section 71(2) allows either-wide set off of losses against income under any head including capital gains or, by the assessee's election, restricts set off to income under the head Capital gains insofar as it relates to short term capital assets and other heads. The Board directs that any set off under the elected option must be supported by the assessee's written option and an explicit order sheet entry by the assessing officer confirming the option was exercised.
Relief u/s 91 of the Income-tax Act, 1961.
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Unilateral double taxation relief denied where partner seeks credit for firm's foreign tax payments abroad.
Unilateral relief under section 91 requires that the assessee be resident in India, that the income have accrued or arisen outside India and been taxed both in India and in the foreign country without a double taxation agreement, and that the assessee have paid income tax in the foreign country. Because a firm and its partners are separate taxable entities, a partner cannot claim relief for the partner's share of income tax paid by the firm abroad on income of the firm.
"Firm is one of the entities liable to gift-tax under the Gift-tax Act. 1958".
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Firm liability for gift-tax confirmed as firms are taxable persons and must file returns and accept notices accordingly.
A firm falls within the statutory definition of person under the Gift-tax Act and is chargeable to gift-tax on gifts it makes; accompanying provisions on return signing, liability on discontinuance and service of notices reflect that firms are intended taxable entities under the Act.
Guarantee Bond to be furnished by agent of non-resident shipping concern.
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Guarantee bond requirement for agents of non resident shipping concerns clarified; prescribed form issued after Law Ministry consultation.
Instruction No. 990/CBDT dated 28 7 1976 prescribes the specific form of the Guarantee Bond to be furnished by an agent of a non resident shipping concern under the proviso to the income tax provision; the form was evolved in consultation with the Ministry of Law and a copy is annexed.
Provisions u/s 31 Estate Duty Act.
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Substitution of lesser estate value limits duty basis on second death to property-specific duty, not the average rate.
The proviso requires that when the value on the second death exceeds the value on which duty was payable on the first death, the lesser value be substituted to determine the duty relatable to the qualifying property; this substitution applies to the property-specific duty computation and not to calculation of the average rate of duty on the second death.
Requests for the transfer of case papers u/s 124.
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Transfer of assessment records: ensure prompt processing to protect taxpayer entitlement and prevent administrative delay.
Requests for the transfer of assessment records must be processed expeditiously because a taxpayer has a legal right to be assessed by the designated Income-tax Officer; Commissioners must ensure immediate action on transfer requests, institute supervisory checks by Inspecting Assistant Commissioners, and monitor intra-office and inter-charge file movements to eliminate delays.
Instructions to Inspecting Assistant Commissioners of Income-tax.
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Instruction compliance required: ensure immediate circulation and implementation of Board directives across income-tax ranges without delay.
The Board directs prompt internal dissemination and implementation of its instructions after noting that some district Income-tax Officers remained unaware of a prior Board instruction six months after issuance. Supervising officers must ensure immediate circulation of Board instructions to subordinate officers and monitor compliance so that instructions are acted upon without undue delay. Inspecting Assistant Commissioners are required to issue directions within their ranges to operationalize and implement the Board's instructions at the range level.
Maintenance of books of accounts-Section 44AA of the Income-tax Act, 1961-Date from which effective-Clarification regarding
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Maintenance of books of accounts: obligation under Section 44AA applies to accounting years commencing on or after 1 April 1976.
The maintenance requirement under Section 44AA-specifically the obligations in sub sections (1) and (2)-applies only to books of accounts and documents in respect of accounting years commencing on or after 1 April 1976.
Tax on Kit Maintenance Allowance, Reimbursement of Premium Amount and Special Travelling Allowance.
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Taxability of special travelling allowance clarified; kit maintenance exempt and insurance premium reimbursement not treated as perquisite.
Kit Maintenance Allowance for uniform upkeep is exempt as an allowance reimbursing employment-related expenditure. Reimbursement of employer-paid insurance premium for loss-of-licence is not a perquisite to pilots, though any compensation paid to a pilot for loss of licence is taxable under the provision treating such receipts as remuneration-like perquisites. Special Travelling Allowance is taxable as an addition to remuneration and is assessable from assessment year 1975-76; no additions are needed for earlier years and prior assessments or appeals may be adjusted accordingly.
Taxation Laws (Amendment) Act, 1975
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Settlement Commission powers expanded to settle tax cases, reopen proceedings and grant immunity subject to full disclosure.
The Amending Act introduces broad reforms to exemptions, trust taxation and compliance: expands the definition of child; creates a new exemption category for national and notified charitable funds; revises section 11 to require application of 75 percent of income with extended time and options and authorises alternate application where original purposes cannot be met; prescribes specific investment modes for trust funds with phased applicability; mandates account-keeping for specified professionals and businesses; treats unexplained expenditures and non-bank hundi payments as assessable; empowers audit directions and best-judgment assessments for non-compliance; establishes a statutory Settlement Commission with power to admit, investigate, settle or reopen cases and, subject to conditions, grant immunity; and overhauls the penalty, PAN and reporting regimes to strengthen enforcement and administrative procedures.
Co-parcenary property under Estate Duty Act.
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Co-parcenary succession: sole surviving coparcener's entire joint property passes to heirs for estate duty assessment.
If the deceased was the sole surviving coparcener of a Hindu Undivided Family, his entire interest in the joint family or co-parcenary property passes to his heirs by succession and is included for estate duty assessment; the existence of a widow of a predeceased brother does not affect this outcome where she had no son and had not adopted one.
Decisions of the Conference in case of reduction of tax arrear.
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Reduction of tax arrears required: mandated targets, special squads, procedural steps, and prioritized write-off and reporting measures.
Reduction of tax arrears is mandated through targeted collection and administrative measures to cut outstanding demand within the financial year, with emphasis on concentrating on recently raised arrear demand, accelerating credit for prepaid taxes, and prompt disposal of rectification and adjustment applications. Special Squads drawn from existing staff must verify arrear registers for cases above a specified threshold, expedite adjustments and appeal effects, prepare rectification orders, ensure reductions are entered in the Demand and Collection Register, and hand over continued follow-up to the local ITO, while long-standing demands are to be scrutinised for write-off and reported up the chain.
Recommendations of Direct Taxes Enquiry Committee.
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Denial of bank credit to identified tax evaders following final penalties or convictions for a mandated restriction period.
Banks are to be instructed to deny credit facilities above a prescribed limit for three years to persons against whom final penalties for concealment of income/wealth meeting a minimum threshold have been imposed, or who have been convicted for specified tax or related criminal offences. Reportable categories include final penalty orders where penalty is upheld or unappealed and convictions by courts under designated tax and criminal offence provisions. The restriction targets only the penalised or convicted person or entity, with representative or fiduciary conduct extending the denial to both principal and representative. Commissioners must submit quarterly consolidated reports in a prescribed proforma to the Director of Inspection (Research & Statistics).
Convenor taking over a vacant Chit, is treated as subscriber for all purposes.
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Treatment of convenor as subscriber means dividends on vacant chits are taxable as chit fund business income.
Convenor taking over vacant chit tickets is treated as a subscriber with attendant rights and liabilities; dividends earned by the convenor on such vacant chits are receipts incidental to the business of running the chit fund and are assessable as business income. If the convenor transfers those tickets to new or existing subscribers and pays over earlier declared dividends, such payments may be allowed as business expenditure. Assessing authorities should scrutinise the chit fund's governing rules to ensure these treatments are applied.
Disallowance of expenditure on advertisements in souvenirs
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Advertising expenditure in souvenirs treated like other advertising for tax deduction if statutory conditions are met.
Expenditure on advertisements in souvenirs is not to be treated differently from other advertising; such publicity qualifies for deduction provided the established statutory deductibility conditions and applicable tax rules governing advertising expenditure for business promotion are satisfied, and the same result applies when advertisements appear in more than one souvenir published by the same organisation.
Remedial action u/s 33B/263, not u/s 35/154 ofIncome-tax Act, 1961regarding loss of revenue.
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Levy of statutory interest must accompany assessments; omission requires revision or separate show cause interest proceedings.
Omissions to charge statutory interest are distinct from assessment proceedings: levy of interest is mandatory but capable of reduction or waiver only under prescribed conditions and after tax quantification. Where omission occurs, interest should be ordered with the assessment; if revision under section 263 applies, remedial action should be taken, and if not, separate proceedings with a show cause notice must be initiated to consider waiver or reduction.
Para 80 of Minutes of Commissioner's conference, 1976.
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Distraint powers under section 226(5) should be more widely exercised to recover tax arrears promptly.
Directs active exercise of distraint powers under 226(5) to recover pre assessment and post assessment tax demands, with penalties under 221 to be levied before other coercive steps. The Board views these powers as especially effective for smaller demands and urges wider use, and requires readily available details of cases where distraint has been exercised and the results obtained for Board monitoring.
Summary Assessment Scheme.
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Summary Assessment Scheme requires enhanced taxpayer education and revised selection criteria to secure a high proportion of summary assessments.
The Department prescribes revised selection criteria for pre-assessment scrutiny and directs that all cases not falling within those criteria and not selected for pre-assessment scrutiny shall be summarily assessed; it mandates intensified taxpayer education, scrutiny of returns at receipt level, designation of predominantly scrutiny and non-scrutiny wards with continuity rules, assessment of partners in the firm's ward where practicable, and active supervisory interest by Commissioners and IACs to increase summary assessments.

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