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    Deduction of income-tax at source under section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Rate of tax applicable du...
    Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles or hor...
    Income-tax deduction from salaries during the financial year 1990-91 under section 192 of the Income-tax Act, 1961
    Section 80L of the Income-tax Act, 1961--Admissibility of deduction in respect of income from units of the Unit Trust of India
    Mode of investment as specified in sub-section (5) of section 11 of the Income-tax Act--Investment in ``Kisan Vikas Patra'' and ``Indira Vikas Patra''...
    Collection of income-tax at source under section 206C of the Income-tax Act, in respect of profits and gains from the business of trading in alcoholic...
    Deduction under section 80HHC of the Income-tax Act, 1961--Clarification regarding
    Extension of Board's instruction No.1622 to WT and GT.
    Scope of Sec.273A(4).
    Safeguarding the interest of revenue.
    Processing of petitions.
    Consideration for the execution of foreign projects payable in non-convertible rupees from bilateral account countries--Treatment under section 80HHB ...
    Receipts of sale proceeds in rupees in respect of protocol exports--Whether eligible for deduction under section 80HHC of the Income-tax Act, 1961
    Tax audit under section 44AB of the Income-tax Act, 1961, in the cases of companies having accounting year other than financial year--Regarding
    Tax exemption on the sale of capital assets converted into stock-in-trade--Clarification regarding section 45(2) read with section 54E of the Income-t...
    Receipt Audit.
    Reconstitution of Zonal committees for considering of proposals for write offs/scaling down.
    Explanatory Notes on the provisions of the DTL (Amendment) Act, 1989 [excluding those discussed in the Explanatory Notes on the provisions of the DTL ...
    Refund vouchers.
    Assessment of persons in lottery business.
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Deduction of income-tax at source under section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Rate of tax applicable during the financial year 1990-91
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Tax deduction at source for insurance commission: prescribed withholding rates, surcharge, exemptions, and compliance obligations apply.
Deduction of income-tax at source applies to insurance commission: residents other than companies are to have tax deducted at ten per cent and domestic companies at twenty-one point five per cent, non-resident non-corporates at the higher of the schedule-prescribed rate or thirty per cent and non-domestic companies at sixty-five per cent; an eight per cent surcharge on the computed tax is applicable where specified. Deductions are to be made at payment or credit, with exemptions limited to residents and procedural obligations for certificates, TAN, returns and penalties on non-compliance.
Deduction of tax at source under sections 194B and 194BB of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzles or horse races--Rates of tax applicable during the financial year 1990-91
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Tax deduction at source on gambling winnings: obligation to deduct unchanged rates and payer liability persists.
The Finance Act, 1990 did not change rates or surcharge for tax deduction at source on winnings from lotteries, crossword puzzles and horse races for 1990-91. Payors of such winnings must continue to deduct tax at the rates set out in the earlier Circular No.536, deposit amounts to the Central Government within stipulated timeframes, and furnish the annual return; failure to deposit deducted tax or to file returns attracts liability and other consequences.
Income-tax deduction from salaries during the financial year 1990-91 under section 192 of the Income-tax Act, 1961
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Tax deduction from salaries: updated computation, reliefs and deductor obligations following recent tax amendments.
Circular prescribing deduction of tax at source from salaries under section 192 for 1990-91: tax to be deducted on estimated annual salary at average annual rates, with monthly division and subsection (3) adjustments. It explains Finance Act, 1990 changes (raised exemption limit, revised slabs, introduction/amendment of sections 88, 88A, 80CCB, 80DD, higher 80CCA ceiling and surcharge), defines salary and perquisite valuation rules, enumerates allowed exemptions and deductions (including standard deduction under section 16 and savings rebates), and sets procedural duties of deductors (verification of claims, Form No.16 issuance, TAN quoting, annual returns, correct challan usage and penalties for defaults).
Section 80L of the Income-tax Act, 1961--Admissibility of deduction in respect of income from units of the Unit Trust of India
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Deduction for dividend from UTI units recognised as admissible under income tax deduction provision within aggregation limits.
Income from units of the Unit Trust of India is treated as dividend from an Indian company by virtue of the Unit Trust of India Act, and therefore qualifies for the additional deduction under the second proviso to sub section (1) of the Income tax Act. Such income must be aggregated with specified interest and dividend receipts and considered for the proviso's deduction subject to the overall ceiling and after accounting for amounts already allowed under the main subsection and first proviso.
Mode of investment as specified in sub-section (5) of section 11 of the Income-tax Act--Investment in ``Kisan Vikas Patra'' and ``Indira Vikas Patra''--Clarification regarding
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Savings certificates recognised as eligible investment for charitable trust surplus, encompassing Indira Vikas Patra and Kisan Vikas Patra.
Clarifies that Indira Vikas Patra and Kisan Vikas Patra, having been notified under the rule-making powers for savings certificates, constitute savings certificates within the Government Savings Certificates framework and therefore qualify as authorised modes of investment for public charitable or religious trusts under the statutory provision governing investment of surplus funds.
Collection of income-tax at source under section 206C of the Income-tax Act, in respect of profits and gains from the business of trading in alcoholic liquor, forest produce, etc.--Filing of half-yearly returns--Regarding
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Collection of tax at source requires half-yearly returns filed with prescribed income-tax authorities within one month after period end.
Persons collecting tax at source on trading in alcoholic liquor, forest produce and similar businesses must prepare half-yearly returns for the periods ending 30 September and 31 March and deliver them to the prescribed income-tax authority in the prescribed form and manner; specific rules set out the authorities and procedures and require these returns to be filed within one month from the end of the relevant period.
Deduction under section 80HHC of the Income-tax Act, 1961--Clarification regarding
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Export profit deduction under section 80HHC requires export proceeds received in convertible foreign exchange within the prescribed period for eligibility.
Deduction under section 80HHC is computed by applying the ratio Export turnover/Total turnover to business profits under "Profits and gains of business or profession." Export turnover is the FOB sale proceeds actually received in convertible foreign exchange and must be brought into India within six months of the previous year (subject to discretionary extension). CCS, DDK and profit on sale of I/L are included in business profits but excluded from total turnover. Supporting manufacturers and processors are eligible if a disclaimer certificate in Form No.10CCAB is obtained.
Extension of Board's instruction No.1622 to WT and GT.
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Penalty non-initiation extended to wealth and gift tax, directing non-initiation and dropping of small-penalty proceedings.
Extension of Board Instruction No.1622 directs that penalty proceedings under the Wealth-tax Act, 1957 and the Gift-tax Act, 1958 for assessment year 1988-89 and earlier need not be initiated where the maximum penalty imposable does not exceed Rs.500, and that all pending such proceedings should be dropped; the extension reflects corresponding changes in penalty provisions effective from assessment year 1989-90.
Scope of Sec.273A(4).
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Waiver of penalty: relief limited to unpaid penalty amounts and recovery should be stayed pending CIT disposal.
Section 273A(4) relief applies only where a penalty has been actually imposed and become payable; waiver or reduction may be considered only in respect of the unpaid portion, and recovery initiated while an application under the section is pending should, where practicable, be stayed until the CIT disposes of the application to avoid aggravating genuine hardship.
Safeguarding the interest of revenue.
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Withholding refunds: guidance to convert cases to scrutiny and withhold refunds pending higher judicial stay.
Departments must expedite hearing of stay applications, convert affected matters into scrutiny assessments by issuing notices under section 143(2), keep such assessments pending until the Supreme Court disposes of stay applications, withhold refunds otherwise payable under provisional assessment provisions and, if necessary, use the statutory withholding power from the Direct Tax Laws amendment; a detailed report of actions must be sent to the Board and instructions issued for immediate implementation.
Processing of petitions.
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Exemption petition processing clarified: Board to handle fund notifications without DG referral and require director reports immediately.
Board will process petitions for notification of Mutual Funds and Exchange Risk Administration Funds without referral to the Director General (Income-tax Exemptions); Directors of Income-tax (Exemptions) must send reports on petitions within their jurisdiction relating to income-tax exemptions including the previously noted categories and the additional exemption categories. The instructions are effective immediately and must be brought to officers' notice.
Consideration for the execution of foreign projects payable in non-convertible rupees from bilateral account countries--Treatment under section 80HHB of the Income-tax Act, 1961
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Treatment of non-convertible rupees as convertible foreign exchange enables section 80HHB deduction for foreign project receipts.
Section 80HHB requires that consideration for execution of foreign projects be payable in convertible foreign exchange. Receipts of consideration paid in non convertible rupees from bilateral account countries are to be treated as equivalent to consideration received in any other convertible foreign exchange, and thus meet the convertible foreign exchange requirement for the deduction, subject to the other statutory conditions.
Receipts of sale proceeds in rupees in respect of protocol exports--Whether eligible for deduction under section 80HHC of the Income-tax Act, 1961
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Section 80HHC deduction affirmed for protocol exports where sale proceeds are received in Indian currency, eligibility clarified.
The Central tax authority clarifies that exporters under Government-to-Government (protocol) credit arrangements remain eligible for the export-turnover deduction even when their immediate sale proceeds are realised in Indian currency, because settlement between governments and ultimate realisation in foreign exchange under the bilateral credit does not disqualify the deduction.
Tax audit under section 44AB of the Income-tax Act, 1961, in the cases of companies having accounting year other than financial year--Regarding
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Tax audit scope: auditors must audit the financial year accounts even if companies maintain a different accounting year.
Tax auditors must audit and certify accounts for the previous year as defined for income-tax purposes (the financial year) even if companies maintain accounts for a different accounting period under the Companies Act; the proviso to section 44AB applies only when the statutory audit covers the financial year, so where the accounting year differs the tax audit must nonetheless be carried out for the relevant financial year and reported in Form 3CB under the Income-tax Rules.
Tax exemption on the sale of capital assets converted into stock-in-trade--Clarification regarding section 45(2) read with section 54E of the Income-tax Act, 1961
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Date of transfer clarified as conversion into stock-in-trade, fixing when the investment relief period begins.
Conversion of a capital asset into stock-in-trade is the date of transfer for the purpose of determining the six-month investment period required to claim exemption under section 54E; postponement of assessment to the year of actual sale does not change the date from which the investment window runs.
Receipt Audit.
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Receipt Audit access to case records authorized to enable systemic review while avoiding commentary on quasi judicial decisions.
Field officers must supply Receipt Audit with both statistical information and the underlying case records to permit a comprehensive administrative review of the tax scheme's operation, to locate procedural lacunae and assess system efficiency; Receipt Audit shall not comment on the propriety of individual quasi judicial decisions, and the instruction must be circulated to all Appropriate Authorities.
Reconstitution of Zonal committees for considering of proposals for write offs/scaling down.
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Zonal committee reconstitution for write-offs ensures monthly review, reporting to recovery director, and CCIT input for high-value cases.
Zonal committees are reconstituted with two permanent members and a rotating third member; temporary commissioners may be used if membership falls below three. Committees must meet at least once a month to review cases for write-off/scaling down and matters sent to the Director of Income-tax (Recovery). The senior-most commissioner will preside, the case commissioner will convene, and a monthly report must be sent to the Director of Income-tax (Recovery) with a copy to the Board. High-value cases referred for administrative approval require specific comments from the Chief Commissioner of Income-tax.
Explanatory Notes on the provisions of the DTL (Amendment) Act, 1989 [excluding those discussed in the Explanatory Notes on the provisions of the DTL (Amendment) Act, 1987]--Parts I to III issued under Circulars Nos. 545, 549 and 551
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Exemption of interest on non repatriable NRI bonds extends tax relief to eligible non resident Indians under new conditions.
The Direct Tax Laws (Amendment) Act, 1989 introduces targeted exemptions and procedural rationalisations across Income tax, Wealth tax and Gift tax laws: exemption of fees for technical services paid to specified foreign companies under Government security projects; interest exemption on notified non repatriable NRI bonds for eligible non resident Indians subject to non repatriation and anti encashment conditions; reintroduction of investment allowance as an alternative to the investment deposit scheme with a five year option lock; tourism focused tax incentives including a new deduction for foreign exchange earned profits; concessional tax treatment and withholding for foreign companies investing in specified mutual fund units; and mandatory valuation rules incorporated into the Wealth tax Act to reduce litigation.
Refund vouchers.
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Refund voucher verification: ensure officers clearly indicate name and designation to enable signature authentication process.
Officers signing refund vouchers must ensure that their name and designation are legibly indicated on the refund order so the Reserve Bank of India can identify the Assessing Officer who signed; this requirement should be circulated to all officers in the region.
Assessment of persons in lottery business.
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Tax Deduction at Source on lottery winnings: enhanced information exchange and mandatory withholding return filing to improve compliance.
The instruction directs collection and verification of information on payments to organisers, stockists and agents and on prize recipients, and dissemination to assessing officers to detect non disclosure. It mandates identification of persons required to withhold tax on lottery winnings, ensures filing of annual withholding returns in Form No. 26B, and directs use of enforcement provisions to secure compliance and enable follow up under wealth tax rules.

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