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Approval of hotels for the purpose of claiming the various tax concessions envisaged in the Income-tax Act, 1961
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Delegated approval authority requires hotels to obtain specific tax approvals from the tourism ministry before claiming income-tax concessions.
Delegated authority in the Ministry of Tourism grants the statutory approvals enabling domestic hotel companies to claim income-tax concessions; administrative licences to run a hotel are distinct and do not substitute for those statutory approvals, and income-tax authorities must verify specific approvals before allowing tax benefits.
Procedure for speedier disposal of assessments to reduce backlog.
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Summary assessment on returned income permits completion without detailed checking, with limited random scrutiny to reduce backlog.
Instruction replaces summary/scrutiny categorisation with two classes and mandates that class (i) cases be completed on the basis of the return after linking with assessment records with no checking; specified categories (special circles, companies, trusts, loss, search and re-opened cases) are excluded. Returns for class (i) are segregated at receipt, nil-demand/refund cases receive only an intimation, separate demand registers are maintained, penalty proceedings are not initiated if returns filed before the cut-off (interest still levied), and a fixed percentage of such cases is selected for random scrutiny.
Remedial action where approval u/s 35(1)(ii) subsequently withdrawn.
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Approval withdrawal under section 35(1)(ii) prompts departmental remedial action to deny section 10(21) benefit and tax institution.
CBDT mandates remedial action where approval u/s 35(1)(ii) for scientific research institutions is withdrawn; the denial of the concession under section 10(21) renders the institution's income taxable, and departments must take consequential measures and notify all subordinate officers.
Estate Duty Act - Scope of Sec.31.
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Quick succession relief under the Estate Duty Act: Assistant Controllers must process applicable claims without Board referral.
Section 31 of the Estate Duty Act allows reduction of estate duty where duty becomes payable again on the same property within the short-term period, provided the Board is satisfied; Assistant Controllers should process quick succession relief claims and are not required to direct applicants to the Board or forward proposals in the prescribed proforma through the Controller of Estate Duty.
Clearance certificate u/s 230A(1).
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Clearance certificate requests should be withheld to prevent alienation pending departmental appeal and court restraint sought.
Granting a clearance certificate for property already subject to an acquisition order and currently under departmental appeal may constitute acquiescence and prejudice the Department's right to acquire; officials should therefore seek immediate court orders restraining alienation and inform the High Court of any certificate requests to protect departmental acquisition rights pending final disposal of the appeal.
Procedure for issue of refund vouchers.
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Refund voucher procedure: strict compliance mandated after fraud; departures will be dealt with seriously and supervised.
A report of clandestine removal and fraudulent encashment of refund voucher forms prompted the Board to reiterate the prescribed detailed procedure for issue of refund vouchers, note non compliance by field formations, and direct strict adherence with supervisory oversight and serious action for departures.
Deductions u/s80HHC in case of cut and polished diamonds and gem stones.
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Deduction under section 80-HHC: exports of cut and polished diamonds and gemstones qualify where processing and customs certification exist.
The instruction explains that because raw diamonds cannot be exported, imported rough diamonds are processed in India and exported as cut and polished stones with Customs certification, and because replenishment imports and imprest licences tie imports to actual exports, exports of cut and polished diamonds and gemstones do not amount to "minerals and ores" and thus qualify for deduction under section 80-HHC.
Contribution to approved superannuation fund - Whether pension benefits can be provided to employees under rule 89 of Income-tax Rules in the form of "annuity certain" also
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Annuity certain: not permissible under rule 89; approved superannuation funds must amend rules or face withdrawal.
A pension scheme that provides benefits in the form of an annuity certain does not fall within rule 89 and therefore cannot obtain or retain approval as an approved superannuation fund; trustees of already approved funds that permit such arrangements should amend their rules within a reasonable period or face possible withdrawal of approval.
Deduction of tax at source under Sec.194C.
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Tax deduction at source ensures withholding and strict enforcement for contractor compliance and reporting obligations.
Tax deduction at source under section 194C obliges payers to withhold tax on payments to resident contractors/sub contractors above the prescribed threshold, file quarterly particulars in Form No.26C and remit withheld amounts to the Central Government within prescribed time; failure to remit results in treatment as an assessee in default with interest and penal consequences. The Board instructs tax officers to obtain contractor data from major organisations, prioritise scrutiny of compliance, initiate penal action where statements are not furnished, and involve internal audit to protect revenue.
Taxation of shares of Indian companies allotted to non-residents in consideration for the purchase of machinery and plant delivered abroad
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Taxation of royalties and technical service payments: share allotments to nonresidents for overseas delivery of machinery are taxable in India.
Income embodied in shares allotted to non residents for delivery abroad of machinery and plant will attract Indian income tax because royalties and fees for technical services are deemed to accrue or arise in India under the 1976 amendments; the prior administrative concession in paragraph 11 of Public Circular No. 21 of 1969 is withdrawn and no longer insulates such share based payments from taxation as income received in India.
Examination of write off proposals.
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Write-off scrutiny: ensure procedural defects and employee negligence are ruled out before approving departmental write-off decisions.
Delegated write-off powers are subject to conditions: the loss must not disclose a defect in rules or procedure requiring higher authority amendment, and there must not have been serious negligence by any government servant warranting disciplinary action; findings on these points must be specifically recorded in the minutes of Local Committees, Zonal Committees and similar bodies before approving write-off proposals.
Exemption from production of Estate Duty Clearance Certificate by the legal heirs of deceased members of provident funds governed by Central Board of Trustees of the Central Provident Fund and also provident funds referred to in section 80C of the I.T.
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Estate duty clearance exemption allows provident fund trustees to pay benefits without certificate, subject to affidavit and indemnity.
Trustees may pay a deceased member's provident or related insurance benefits without an estate duty clearance certificate up to fifty thousand rupees, while their statutory liability remains unaffected; any subsequent estate-duty claim will be met from the fund's Reserve and Forfeiture Account and may be recovered from payees under the indemnity bond. Claimants must file an affidavit that the property does not attract estate duty and must furnish an indemnity bond/undertaking to indemnify the trustees.
Compliance of provisions of Sec.11(2) & 11(3).
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Accumulation of trust income: tax officers must monitor permitted accumulations and ensure actual utilisation for charitable purposes.
Trusts must apply for permission to accumulate income and invest accumulated amounts in prescribed modes; if such income is diverted, not invested as required, or not actually applied for the permitted purpose during the accumulation period or in the year immediately following, it is deemed to arise in the year of noncompliance. Income tax Officers must maintain and cross reference a prescribed register recording allowed accumulations, make entries for each assessment year to monitor compliance with accumulation and utilisation requirements, and inspect and verify that accumulated income is genuinely utilised for permitted purposes.
Relief to new industrial undertakings-Computation of the capital employed in the undertakings-Section 80J(1A) of the Income-tax Act, 1961
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Deduction for new industrial undertakings: liabilities must be matched and deducted per undertaking under income tax law.
Calculation of the capital employed for the income-tax deduction requires aggregating the value of assets of each undertaking and deducting only the liabilities attributable to that same undertaking; the Board accepts the Bombay High Court's interpretation that liabilities must be matched and deducted on an undertaking-by-undertaking basis.
Order u/s. 119(2)(b) of the Income-tax Act, 1961-Condonation of delay in filing refund claims-Authorisation to the Income-tax Officers
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Condonation of delay in refund claims: tax officers may admit late claims subject to specified statutory conditions and safeguards.
Authorisation empowers Income-tax Officers to admit and dispose of refund claims filed after the statutory time-limit by condoning delay under section 119(2)(b), subject to specified conditions: refund from tax deducted at source; returned income not a loss for carry forward; claim not supplementary; and income not assessable in another person. The order is effective from April 2, 1984 and must be circulated and publicised among officers.
150 - 05-04-1984 Income Tax
Internal Audit—Interest under Sections 214, 243 & 244 of I.T. Act, 1961—Avoidable Payments—Instruction Regarding
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Provisional assessments to avoid interest payments required; internal auditors must identify avoidable interest and report to CIT.
Provisional assessments must be made promptly when regular assessments will be delayed to prevent accrual of interest on delayed payments. Internal Audit Parties should examine cases where interest payments were avoidable through timely provisional assessment and report such instances to the concerned Commissioner of Income Tax as part of internal audit and compliance procedures.
Interpretation of Section 132(9A) of the Income-tax Act, 1961
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Jurisdiction under section 132(9A): Assistant Directors of Inspection need not hand over seized records to assessing officers within fifteen days.
Section 132(9A) applies only where the authorised officer lacks jurisdiction over the person whose books or documents are seized, requiring handover to the jurisdictional Income tax Officer within fifteen days; an Assistant Director of Inspection is an authorised officer with all India jurisdiction for enquiries and therefore subsection (9A) does not apply to him, so he is not obliged under that provision to hand over seized books to the Income tax Officer.
Condonation of delay in filing refund claims u/s 237.
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Condonation of delay in refund claims now requires prior approval of the Commissioner before an Income-tax Officer entertains the claim.
Condonation of delay in filing refund claims has been authorized by Board order for specified cases, subject to fulfillment of the Board's conditions; an Income-tax Officer must obtain prior approval of the Commissioner before entertaining any such delayed refund claim and Commissioners must ensure officers are notified and conditions complied with.
Interest u/s 220(2) in case of protective assessment.
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Interest on protective assessments should be recalculated where original tax payment is treated as payment for the protective assessment.
Tax paid by a beneficiary on income protectively assessed in the representative should be treated as payment on the original payment date for the protective assessment; interest under section 220(2) must be recomputed accordingly. Recomputation requires the concerned persons to seek adjustment and the original payer to expressly forgo any claim to departmental interest. This position is limited to representative assessee/beneficiary and HUF/individual situations.
Deduction under section 80J of the Income-tax Act, 1961, in respect of profits and gains from new industrial undertakings
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Per annum interpretation: full annual deduction under section 80J is allowed and not prorated for part-year operations.
The Board accepts High Court rulings that interpret per annum in relation to the deduction under section 80J to permit the full statutory annual deduction for the relevant previous year even where the new industrial undertaking, ship or hotel did not operate for the entire year, and directs that the deduction should not be reduced pro rata for the period during which the business was not carried on.

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