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    Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from Insurance Commission etc.-Financial year 1977-78
    Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle-Financial year 197...
    Selection of cases for audit u/s 142(2A) of the Income-tax Act, 1961.
    Cases completed under Summary Assessment Scheme may be entered in the D&C Register.
    Review of Summary Assessment Scheme.
    Deduction of tax at source-Income-tax deductions from salaries during 1977-78
    Records not available to Revenue Audit Parties.
    Debts incurred in relation to any property shall not be deducted in computing the net wealth of assessee.
    Special provisions to pending writs and interim orders passed in the pending petitions.
    Declarations made u/s 3(1) Income - Tax Act, 1961.
    Explanation to section 185(1) of the Income-tax Act, 1961-Filing of Form No.12A in the case of coparcener of HUF being a partner in a firm-Clarificati...
    Collection of tax in dispute be held in abeyance till the decision on the appeal by the AAC.
    Guidelines for assessments of all political parties.
    Clarification of provisions of s 69D of Income Tax Act, 1961.
    Deposit under "Own Your Telephone" Scheme-Taxability under Wealth-tax Act, 1957-Clarification regarding
    Section 69D of the Income-tax Act, 1961--Clarification regarding
    Section 40A(3) of the Income-tax Act, 1961--Rule 6DD(j) of the Income-tax Rules, 1962--Clarification regarding
    Valuation of a partner's right to share the profits of the firm without the right to share the assets
    Valuation of a partner's interest in a firm.
    Additional credit of 10% of the gift-tax paid u/s 18 of the Gift -Tax Act.
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Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from Insurance Commission etc.-Financial year 1977-78
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Tax deduction at source from insurance commission required; payers must withhold, remit, and report under prescribed procedures.
Deduction of tax at source is required on income by way of insurance commission (remuneration for soliciting or procuring insurance business). Payers must deduct tax when commission is credited or paid, make remittance to the Government treasury or designated banks within prescribed timeframes, apply rounding rules, and may not adjust deductions for prior debits in the agent's account. Recipients can seek lower or nil deduction via Form No.13D; payers must issue Form No.19D and file Forms No.26D, 26E and 26F as prescribed. Higher withholding rules under section 195 apply to non residents and non domestic companies.
Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle-Financial year 1977-78
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Deduction of tax at source on lottery winnings requires specified withholding rates and procedural compliance including certificates and quarterly returns.
Under Section 194B payers of lottery or crossword puzzle winnings above the exemption threshold must deduct tax at source at the specified 1977-78 rates; higher schedule-based rates apply where winnings constitute total income. Deductions apply to payments after specified dates, include cash plus in-kind values where prizes are mixed, apply to instalments when paid, and exclude commissions. Rounding and deposit rules, issuance of Form 19B, quarterly filing of Form 26B, and recipient applications in Form 13B for lower deduction are required under the Income-tax Rules, 1962.
Selection of cases for audit u/s 142(2A) of the Income-tax Act, 1961.
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Special audit selection under section 142(2A): criteria and procedural guidance for referring cases for audit.
Selection for special audit under section 142(2A) is limited to cases with specific indicia requiring independent probe. For companies this includes misfeasance or breach by officers, search and seizure or FX probes, foreign collaboration, foreign principals with Head Office deductions, substantial import/export activity, allegations of substantial evasion, or other information justifying audit; referrals should be selective, cover related assessment years where appropriate, and state reasons when submitted for CIT approval.
Cases completed under Summary Assessment Scheme may be entered in the D&C Register.
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Sample scrutiny selection eased by recording Summary Assessment Scheme cases separately by assessed income for random sampling.
Instruction directs that cases finalised under the Summary Assessment Scheme be entered in the D&C Register in two parts based on whether assessed income is below or at/above the stated threshold, to facilitate selection of cases for random sample scrutiny under the statutory assessment framework.
Review of Summary Assessment Scheme.
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Summary Assessment Scheme revised to raise thresholds and set exclusions, with procedural safeguards and sample scrutiny.
The Summary Assessment Scheme is revised to raise and standardise income thresholds for non company assessees; summary assessment applies to returns below those thresholds except for enumerated exclusions (substantial losses, first assessments, status or constitution changes, search cases, group investigations, penalty/prosecution history, significant escapement or fresh investments, reopened assessments, substantial agricultural income, and certain exemption claims). Company assessments are excluded. Procedural requirements include chronological processing, use of a check sheet, prescribed formats for orders, deficiency letter corrections for verification defects, limited demand notice issuance, and mandated sample scrutiny with recording and escalation of suspected concealment or fraud.
Deduction of tax at source-Income-tax deductions from salaries during 1977-78
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Deduction of tax at source: apply revised salary withholding rates and increased surcharge during the interim to avoid adjustments.
Deduction of tax at source from salaries for 1977-78 should follow the Finance (No.2) Bill, 1977 rates (including the raised surcharge) during the interim; no withholding is required unless estimated salary exceeds the statutory threshold. Perquisites are valued under Income tax Rules and included in estimated salary; certain compulsory deposits are ignored for withholding. Taxable salary is computed after allowing the prescribed standard deduction with specified limits and reductions, exemptions for specified allowances are excluded when computing that deduction, and allowable withholdable deductions include portions under section 80C and limited education expenditure under section 80FF. Disbursing officers must ensure correct recording of tax and surcharge and note penalties under section 276B for failure to deduct or pay.
Records not available to Revenue Audit Parties.
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Access to audit records must be granted; withholding on inadequate grounds discouraged and reported to supervisory authority.
Departments must produce all files and papers requisitioned by Revenue Audit Parties unless specific, recorded reasons justify non production; requisitions must be entered in a register and any withheld record must be accompanied by a specific note explaining the reason to the Revenue Audit Party. Senior officers are to exercise supervisory control to ensure timely availability of records, and failures to produce records should be reported to the Commissioner of Income tax for examination.
Debts incurred in relation to any property shall not be deducted in computing the net wealth of assessee.
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Deductibility of debts secured on exempt property limited: only debt attributable to includible property may be deducted.
Debts secured on or incurred in relation to property not chargeable to wealth tax, including asset classes exempt under the Act, are not deductible in computing net wealth. For partly exempt assets, the deduction must be apportioned in the assessee's favour so that only the portion of the debt attributable to the includible value of the property may be deducted.
Special provisions to pending writs and interim orders passed in the pending petitions.
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Writ jurisdiction curtailed: amended constitutional provisions limit High Court relief and require departmental review of pending petitions.
Constitutional amendments have narrowed High Court writ jurisdiction, requiring petitioners to show a fundamental-rights breach, substantial injury from a contravention of constitutional or statutory provisions, or an illegality causing substantial failure of justice; specific statutory remedies (such as an appeal or reference) will ordinarily preclude Article-based writ relief while interim orders in revenue matters may be denied in exceptional public-interest or large-scale evasion cases, and pending petitions and interim orders must be reviewed and, where appropriate, the department should move courts to secure dismissal or final orders.
Declarations made u/s 3(1) Income - Tax Act, 1961.
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Voluntary disclosure of income and wealth: declared assets receive conditional wealth-tax exemption but must be included in future returns.
Declared undisclosed income under the Voluntary Disclosure of Income and Wealth Act, 1976 is exempt from wealth-tax up to assessment year 1975-76 if statutory conditions (income-tax payment, specified bond investment, and book adjustments) are met. Declarants must include assets in wealth-tax returns from assessment year 1976-77 and file returns if newly liable; failure may attract penalties. Commissioners shall forward statements of disclosed income to the relevant Income-tax/Wealth-tax Officer, who must confidentially verify declaration validity, ensure inclusion/assessment of assets and gains, and initiate proceedings to record declarants when warranted, while avoiding roving enquiries.
Explanation to section 185(1) of the Income-tax Act, 1961-Filing of Form No.12A in the case of coparcener of HUF being a partner in a firm-Clarification regarding
Show AI Summary
Benamidar status of coparcener clarified: no obligation to file Form 12A when HUF coparcener is partner.
The Board states that a coparcener of an HUF, even when acting as a partner in a firm on behalf of the HUF, cannot be regarded as a benamidar of the HUF within the meaning of the Explanation; consequently there is no obligation to file Form No.12A in such cases.
Collection of tax in dispute be held in abeyance till the decision on the appeal by the AAC.
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Stay of tax collection pending appeal where assessment greatly exceeds return and recovery would cause hardship.
Collection of tax under dispute should be held in abeyance pending first appeal where assessed income substantially exceeds returned income or where substantial points of dispute make recovery likely to cause hardship. The ITO may pass orders under section 220(6) in ordinary cases, but where additions follow directions of the Inspecting Assistant Commissioner the ITO must obtain prior administrative approval of that officer. Commissioners must ensure prompt disposal of such appeals to avoid arrears; the ITO's discretion in other suitable cases remains unaffected.
Guidelines for assessments of all political parties.
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Assessment moratorium for political parties pending uniform Board guidelines; do not finalise assessments except for time-bar reasons.
The Board directs that assessments of all political parties be held over pending issuance of general guidelines to ensure uniformity; Income-tax Officers should not finalise such assessments except where time-barring (statute-of-limitations) considerations make completion necessary.
Clarification of provisions of s 69D of Income Tax Act, 1961.
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Section 69D clarification on darshani hundi: non-recognised transactions must be referred to Commissioners for Board guidance.
The clarification directs that the Board's Circular No.221 governs darshani hundi transactions within the three specified categories in paragraph 4 and that Income tax Officers must apply those rules. Transactions not falling within those categories must be referred to Commissioners, who are to bring such cases to the Board's attention so that further instructions may be issued.
Deposit under "Own Your Telephone" Scheme-Taxability under Wealth-tax Act, 1957-Clarification regarding
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Advance payment under telephone scheme treated as asset but excluded from net wealth unless shown by the taxpayer.
The Board treats payments under the "Own Your Telephone" Scheme as an advance payment of rent; unadjusted balances at valuation dates are debts due to the assessee and generally assets for wealth-tax assessment, but the Board advises they should not be added to total wealth unless the assessee has shown them as assets in his accounts or balance-sheet.
Section 69D of the Income-tax Act, 1961--Clarification regarding
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Darshani hundi treatment: specified transactions not treated as borrowal and excluded from applicability of section 69D.
The circular clarifies that section 69D does not apply to certain Darshani hundi transactions where the hundi serves for remittance, settlement, or operates under an existing credit facility rather than creating a new debtor-creditor relation: (i) rakhya obtaining a hundi from a drawer in favour of a payee (including where a running/overdraft account exists); (ii) purchaser-seller hundis to pay for goods or settle accounts; and (iii) hundi-book drawals under an indigenous banker's credit facility. Other Darshani hundis require fact-specific examination for borrowal.
Section 40A(3) of the Income-tax Act, 1961--Rule 6DD(j) of the Income-tax Rules, 1962--Clarification regarding
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Cash payment exceptions under section 40A(3) permit non-crossed payments when unavoidable and supported by genuine evidence.
Payments made otherwise than by crossed cheque or bank draft will not be disallowed if the taxpayer establishes the genuineness of the payment, identifies the payee, and persuades the tax officer that payment fell within exceptions such as exceptional or unavoidable circumstances or impracticability or genuine difficulty for the payee. Illustrative examples include new trading relationships, absence of bank accounts, bank holidays, seller refusal, commission agent requirements, and cash discounts. A seller's letter with identification particulars is recommended and the tax officer must record satisfaction before allowing the benefit.
Valuation of a partner's right to share the profits of the firm without the right to share the assets
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Valuation of partner's profit sharing right prescribed under Gift tax Rules; circular mandates a specified calculation method for assessment.
A circular directs a prescribed method for computing the value of a partner's right to share firm profits without a right to share the assets, instructing Commissioners of Income-tax and Gift-tax to apply the calculation procedure set out in the annexure when assessing such profit sharing rights for gift tax purposes. The directive establishes that the monetary worth of this income entitlement, distinct from any interest in firm assets, must be determined by the specified annexed mechanism.
Valuation of a partner's interest in a firm.
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Valuation of partner's interest requires adding goodwill where asset rights exist and assessing consideration for profit-only shares.
Valuation issues arise when partnership shares are allotted or altered without adequate consideration. Rights to both profits and assets require adding goodwill to the market value of assets when valuing transfers for gift tax purposes. Rights to profits only are to be valued by the capitalisation of income method as set out in the governing circular. The Gift tax Officer must assess whether a gift exists by examining consideration received by the transferee - capital, labour, or both - and determine its adequacy.
Additional credit of 10% of the gift-tax paid u/s 18 of the Gift -Tax Act.
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Additional credit for gift tax revised to a smaller fractional credit with a statutory cap on the allowable adjustment.
The Instruction clarifies that under the amended section 18 the assessee is entitled to an additional credit equal to a fractional portion of the gift-tax paid, subject to a statutory ceiling that the additional credit in no case exceed a specified fraction of the tax due on the gift; earlier references to the prior rate apply only to the pre-amendment position.

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