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Circulars
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Circular under section 119 of the Income-tax Act, 1961 - Conditions under which income from specific funds, trusts, institutions, universities, educational, or medical institutions can enjoy tax exemption under the Income-tax Act, 1961. - Illustrated by example.
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Inter-trust donation treatment: eligible donations count only partially as application of income, affecting exemption computation and investment obligations.
Finance Act, 2023 provides that eligible donations by an exempt trust or institution to another qualifying entity shall be treated as application for charitable or religious purposes only to the extent of eighty-five percent of the donation; the donor need not invest the unrecognized fifteen percent under specified accumulation modes where the full amount has been transferred to the donee, as illustrated by a chained-donation example that explains computation of required application, recognized application against donations, permissible accumulation, and investment obligations.
Order under section 119 of the Income-tax Act, 1961
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Audit report form compliance: trusts may correct misfiled audit form to meet prescribed exemption requirement.
Trusts and institutions must furnish an audit report in the prescribed form to claim exemption under clause (23C) of section 10 or under sections 12AA/12AB. The Rules amended for assessment year 2023-24 prescribe Form No. 10B or Form No. 10BB according to specified conditions; misfiling of these forms causes non-compliance. The Board, under section 119, allows trusts/institutions that filed the incorrect form on or before the original due date to submit the correct Form No. 10B/10BB for the assessment year by the extended date specified in the order.
Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases
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Processing of delayed income-tax refunds: electronic returns with refund claims may be processed with administrative approval and intimation.
Electronically filed returns with refund claims that remained unprocessed due to technical or administrative reasons may be processed despite lapse of the statutory timeframe, subject to prior administrative approval by the Pr. CCIT/CCIT; DGIT (Systems) will enable the Assessing Officer on a case-by-case basis and the Pr.CIT/CIT will monitor disposal, while returns selected for scrutiny, returns showing or likely to generate demand, and returns unprocessed for reasons attributable to the assessee are excluded.
Instructions to the AO’s for initiating proceedings u/s 147 of I.T. Act, 1961 in e-Verification cases
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e-Verification high-risk cases: Assessing officers must initiate reopening proceedings and issue reopening notices via the Insight portal.
Assessing Officers must review High-Risk e-Verification cases where Prescribed Authorities have prepared PVRs and FVRs including an estimated Value at Risk; they may obtain specified authority approval and initiate reopening proceedings and issue reopening notices without first issuing the intermediary verification notice. All verification materials, PVRs and taxpayer submissions are available on the Insight portal e-Verification module for AO review, and initiation of proceedings is performed via the portal which pushes the activity to ITBA for notice generation.
CBDT Releases Order to Waive off Outstanding Tax Demand, Capped at Rs. 1 Lakh per Assessee
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Tax demand remission capped per assessee, limited to small qualifying outstanding entries and excluding TDS/TCS demands.
Order authorizes remission and extinguishment of specified outstanding direct tax demands outstanding as on January 31, 2024, subject to per-entry monetary limits by assessment year and a maximum ceiling per taxpayer; demands above per-entry thresholds and TDS/TCS demands are excluded, fractional entries are not eligible, interest under section 220 is excluded from ceiling computation, and the remission does not confer any right to credit or refund or affect criminal proceedings. Implementation is by CPC Bengaluru with provision for rectification and CBDT directions.
Allocation of work to Commissioner of Income-tax (Judicial)
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Litigation management centralisation: CIT(J) as nodal officer to ensure uniform departmental legal positions and coordinated appeals.
The instruction designates the Commissioner of Income-tax (Judicial) CIT(J) as the regional nodal officer responsible for ensuring uniform departmental positions on the Income-tax Act, 1961, supervising litigation management, coordinating High Court appeals and counsel inputs, identifying and bunching appeals with common questions of law, processing Central Scrutiny Reports (CSRs) and liaising with collegiums, Technical Units and monitoring systems such as LIMBS and e-Office for database management and MIS generation.
Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases
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Tax refund processing timeframe extended to allow processing of electronically filed returns with refund claims until the prescribed April deadline.
The Board, under its section 119 authority, further relaxes the time in the second proviso to sub section (1) of section 143 to permit processing of electronically filed returns with refund claims up to AY 2020 21 that had become time barred; such returns should be processed by 30.04.2024, with all other terms of the earlier orders remaining unchanged.
Finance Act, 2023 ─ Explanatory Notes to the Provisions of the Finance Act, 2023
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Tax rate and compliance overhaul: Finance Act, 2023 revises slabs, exemptions, IFSC incentives and trust compliance rules.
Finance Act, 2023 enacts comprehensive amendments: it fixes income tax slabs, surcharge and cess rules; revises TDS/TCS and STT rates; expands deeming under section 9 to gifts to not ordinarily residents; grants and refines IFSC incentives (ODI distribution, aircraft leasing exemptions, tax holiday timing); excludes specified gold EGR conversions from "transfer" with cost/holding period continuity; tightens life insurance exemption limits; prevents double interest deduction and misuse of presumptive schemes; retools NBFC classification for deduction/timing rules; and reforms charity/trust registration, compliance, exit tax and appellate architecture (including Joint Commissioner (Appeals) and e appeals), with most changes effective from assessment years 2023 24 or 2024 25.

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