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    Maharashtra State Government Employees' Group Insurance Scheme, 1982--Relief under section 80C of the Income-tax Act, 1961, to contribution made under...
    Valuation of reimbursement of medical expenses/medical facilities by the employer--Instruction regarding
    Requirements of section 13(1)(d) of the Income-tax Act, 1961, read with section 11(1)(a)--Clarification regarding
    Levy of interest under section 220(2) when the original assessment is set aside-Instructions regarding
    Conflict between the provisions of the Income-tax Act, 1961, and the provisions of the Double Taxation Avoidance Agreement--Clarification
    Valuation of enquoted equity shares of investment companies and holding companies-Instruction regarding
    Tax treatment to National Defence Bonds 1980.
    Estate Duty - Timely filing of returns.
    Appellate officers asked to devote one day in a week for WT, GT and ED cases.
    Zonal Committees - Instruction amended.
    Approval of agreements for the purpose of section 80MM of the Income-tax Act,1961--Guidelines regarding
    Procedure for granting relief under section 89(1) of the Income-tax Act, 1961
    Instruction regarding Index Cards.
    Steps to clear the backlog of challans.
    Estate Duty Act-Admissibility of exemption u/s. 33(1)(n) of the Act in respect of the house owned by the firm in which deceased was a partner and hous...
    Regarding transfer of assessment records - arrears.
    Transfer of case u/s 127 - topographical details to be recorded.
    Deductions under sections 80HH and 80J in the case of forest lessees-Regarding
    Section 64(7) of the Estate Duty Act-Question of the period for which interest to be allowed
    Entry of rectification / revisionary orders in control registers.
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Maharashtra State Government Employees' Group Insurance Scheme, 1982--Relief under section 80C of the Income-tax Act, 1961, to contribution made under this Scheme
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Section 80C deduction for Maharashtra government employees' compulsory group insurance contributions, subject to statutory limits.
Contributions by Maharashtra State Government officers to the compulsory Maharashtra State Government Employees' Group Insurance Scheme, 1982 are eligible for deduction under Section 80C of the Income tax Act, 1961, subject to the qualifying amount limits prescribed in the statute.
Valuation of reimbursement of medical expenses/medical facilities by the employer--Instruction regarding
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Medical expense reimbursement exclusion: not taxable when within salary-based annual ceiling and limited allowances apply.
Ordinary medical facilities provided free or medical expenses reimbursed by an employer are not includible in an employee's taxable income if the annual amount does not exceed one month's salary; "salary" for this rule includes dearness allowance but excludes other allowances or perquisites. This exclusion applies to all employees, including managers and directors, and overrides inconsistent statements in a later priced publication.
Requirements of section 13(1)(d) of the Income-tax Act, 1961, read with section 11(1)(a)--Clarification regarding
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Specified-mode investment requirement: trust exemption requires substantial application of income and prescribed-mode investment of the remainder.
Exemption for income from property held for charitable or religious purposes is conditional on applying the major part of income to such purposes during the year and investing any unapplied balance only in the forms or modes prescribed by law; both requirements are conjunctive. The prohibition on disallowed modes of investment does not apply to sums accumulated under the statutory accumulation provision, since that provision itself specifies the permissible mode of investment for such accumulations.
Levy of interest under section 220(2) when the original assessment is set aside-Instructions regarding
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Interest levy under section 220(2) limited when original assessment is finally cancelled; fresh demand governs interest timing.
Where an assessment order is finally cancelled under section 146 or set aside by an appellate/revisional authority and that cancellation becomes final, no interest under section 220(2) may be charged from the original demand; if the assessment is reframed, interest can only be charged after 35 days from service of the demand notice pursuant to the fresh assessment. If an original order is restored on further appeal, interest under section 220(2) is computed from the original demand's due date with reference to the tax finally determined.
Conflict between the provisions of the Income-tax Act, 1961, and the provisions of the Double Taxation Avoidance Agreement--Clarification
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Double taxation agreement supremacy: treaty provisions govern computation and override domestic law where specific provisions apply.
Where a Double Taxation Avoidance Agreement contains a specific provision on taxation, that treaty provision prevails over the general provisions of the Income-tax Act, 1961 and must be followed for computation and treatment of income; where the treaty is silent, the Income-tax Act governs assessment and taxation.
Valuation of enquoted equity shares of investment companies and holding companies-Instruction regarding
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Valuation of unquoted shares: profit-earning capacity governs valuation, with break-up value only for liquidation or uncertain profits.
Valuation of unquoted equity shares uses the profit-earning capacity (yield) method as primary; break-up value is limited to exceptional cases such as imminent liquidation or where profits are too uncertain. Maintainable profits are the adjusted average of five years' book profits after removing non-recurring items, adding back certain allowances, deducting tax and excluding amounts for preference dividends. Specific capitalisation rates are prescribed by asset nature. A premium applies for substantially but now wholly holding companies, and parent and wholly-owned subsidiaries are treated as one entity for valuation.
Tax treatment to National Defence Bonds 1980.
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Exemption for undisclosed income used to subscribe defence gold bonds applies when gold is tendered, not when bonds are bought.
The instruction states that undisclosed income used to acquire gold which is tendered as subscription for National Defence Gold Bonds is exempt from inclusion in assessment or reassessment, but the exemption does not apply where undisclosed income was used to purchase the bonds from another person.
Estate Duty - Timely filing of returns.
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Timely disposal of extension applications required to prevent loss of interest on estate duty returns.
Timely disposal of applications for extension of time to file estate duty returns is required because interest for late submission arises only when an extension is granted at the accountable person's request; delays in deciding such applications can cause avoidable loss of interest revenue, and Assistant Controllers of Estate Duty must act promptly and ensure strict compliance with prior instructions.
Appellate officers asked to devote one day in a week for WT, GT and ED cases.
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Appellate scheduling: require regular local camp sittings and a weekly day reserved for wealth, gift and estate tax appeals.
Appellate authorities must hold camp sittings in rotation across their jurisdictions to avoid inconvenience to appellants, and must earmark a day each week dedicated to hearing wealth-tax, gift-tax and estate-duty appeals; these scheduling directives are to be communicated to and strictly complied with by all Appellate Commissioners in charge.
Zonal Committees - Instruction amended.
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Zonal committees composition revised to allow a panel of available commissioners, preserving membership continuity and fixed meeting week.
Zonal committee constitution is relaxed to permit any three readily available Commissioners to constitute the committee for meetings, with a directive to avoid changing committee membership when further information is required in the same case. The CIT(Recovery) may be nominated as a member where available, meetings are to be held in the second week of the month, and the amendment should be communicated to all officers for uniform implementation.
Approval of agreements for the purpose of section 80MM of the Income-tax Act,1961--Guidelines regarding
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Approval of composite agreements for tax exemption under the Income tax Act, with apportioned disallowance for non qualifying items.
Approval of composite agreements will be granted subject to apportionment between qualifying technical know how components and non qualifying items. The tax authority will consider the totality of the agreement and allow exemption for that portion of royalty, commission or fees attributable to provision of technical know how or related services after making a suitable disallowance for non qualifying elements.
Procedure for granting relief under section 89(1) of the Income-tax Act, 1961
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Relief under section 89(1) for salary arrears or advances allows arithmetic tax adjustment across years.
Relief under section 89(1) applies where salary received in arrears or advance or similar payments raise taxable income; Rule 21A lists five entitlement categories and prescribes computation methods for the four specific categories. The Income tax Officer grants relief in the specific cases and the Board handles the residuary case. Relief is calculated by comparing tax on income including the extra payment in the year of receipt with tax computed by allocating that payment to earlier year(s); the assessee must furnish authentic earlier year income statements and reopening notices are unnecessary.
Instruction regarding Index Cards.
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Index cards for estate duty valuation reiterated; revised proforma mandated to standardise recordkeeping and administrative compliance.
Requirement to maintain index cards for valuation of agricultural lands is reiterated for every Assistant Controller of Estate Duty, with a revised proforma issued to improve usefulness; supervising officers must issue suitable instructions to all Assistant Controllers within their charge to ensure uniform maintenance of the revised index cards as an internal administrative recordkeeping measure.
Steps to clear the backlog of challans.
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Special messenger arrangements require same day bank transmission of challans to ensure year end tax collections are credited.
Authorised public sector banks must employ special messenger arrangements for same day transmission of scrolls and challans to focal point branches so that collections for the last working days of the financial year are credited to the Government account in that year; banks must clear any backlog before implementation. Tax offices must perform daily checking to detect link branches that delay forwarding receipts, pursue delays over two days with focal branch managers, and escalate unresolved issues to the Chief Controller of Accounts (CBDT) or the issuing officer for action with the central bank.
Estate Duty Act-Admissibility of exemption u/s. 33(1)(n) of the Act in respect of the house owned by the firm in which deceased was a partner and house was being used by him for his residence
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Estate duty exemption applies when a deceased partner resides in a firm owned house because the partner's interest counts as property.
Estate duty exemption applies where a deceased partner was residing in a house held in the name of the firm because a firm lacks separate legal existence, partnership property vests in the partners, and the statutory concept of property "belonging" to the deceased includes interests less than full ownership.
Regarding transfer of assessment records - arrears.
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Transfer of assessment records: require extra transfer memorandum and strict acknowledgements to prevent duplicate arrears reporting.
Transfer of assessment records protocol requires an extra copy of the transfer memorandum when transferred arrears exceed specified thresholds. For intermediate transfers the record must be sent by the transferor ITO to his CIT with Commissioners monitoring receipt acknowledgements from the transferee ITO/CIT. For larger transfers the transferor ITO must also send a copy of the transfer memorandum to the DI(Recy), who must ensure prompt acknowledgement by the transferee ITO and timely receipt of dossiers from transferee commissioners.
Transfer of case u/s 127 - topographical details to be recorded.
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Transfer under section 127: require recording topographical details and addressing assessee objections before final administrative transfer.
Transfers under section 127 require issuance of show cause notices when place changes are proposed, consideration of assessee objections with comments from the proposing CIT, and careful recording by the CIT of geographical and topographical details including identification of inaccuracies in objections to facilitate judicious disposal by the Board.
Deductions under sections 80HH and 80J in the case of forest lessees-Regarding
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Tax deductions for forest lessees depend on activity: available when extraction involves manufacturing new saleable commodities.
Entitlement to income-tax deductions for forest lessees under sections 80HH and 80J depends on the nature of the activity: mere conversion of standing trees into firewood is not sufficient, but if the operation involves manufacturing new saleable commodities beyond simple conversion, the deductions are available; assessing officers are to be informed for consistent application.
Section 64(7) of the Estate Duty Act-Question of the period for which interest to be allowed
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Interest on delayed refunds to run from date of excess duty payment until refund order, aligning with income-tax refund practice.
Interest under section 64(7) of the Estate Duty Act is allowable from the date of payment of excess estate duty until the date of the order granting the refund, aligned with the refund-period approach of the Income-tax Act, and the previously fixed rate of interest remains applicable.
Entry of rectification / revisionary orders in control registers.
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Recordkeeping obligations require separate registers and monitoring cells to ensure appellate order compliance and timely refunds.
Require contemporaneous recording of rectification claims and appellate/revisionary orders in a separate register at each central receipt counter, create dedicated monitoring cells in each CIT office to list reductions and obtain ITO reports after giving effect to orders, and instruct ITOs to add columns in the appeal register ITNS 61 to record refund voucher numbers and dates so timely issue of refunds can be controlled; require supervision by IAC/Incharge ITOs and reporting of implementation to the undersigned.

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