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Arrear demand to new D & CR and its verification/ reconciliation.
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Arrear demand reconciliation: central instruction mandates carryforward to new registers and certified verification with strict deadlines.
Directive requires carry forward of arrear tax demands into new D & CRs with verification and reconciliation by field officers within the prescribed timetable; payments recorded in challan counterfoils must be entered before migration. After completion, officers must certify to headquarters that all arrears as of the cut off have been carried forward and reconciled. The instruction also requires consistent reporting of arrear figures across statements with reasons for any variations, and mandates prompt acknowledgement and certification procedures for arrears transferred between charges, to be reported to the central unit.
Summary assessment scheme.
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Summary assessment scheme: pre assessment sample scrutiny must be selected before finalising assessments under the prescribed procedure.
Continuation of the summary assessment scheme mandates pre assessment sample scrutiny by selecting cases before finalising assessments, using summary assessments entered in the D & CR of the preceding year; the IAC selects cases for ITOs in his range in August each financial year under the procedure set out in Annexure V and para 15 of Instruction No.1072.
Clarification in Board's Instruction-1072 dated 1-7-1977.
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Summary Assessment Scheme clarifies eligibility, exclusions, and procedural limits for assessments under section 143(1) of income tax.
Clarifies application of the Summary Assessment Scheme: "fresh investment" applies only in no account cases, balance sheet increases in other cases remove eligibility, voluntary disclosure filings do not affect Scheme status, "exempted income" excludes Chapter VI A deductions, assessments with section 143(2) notices cannot be completed under section 143(1), assessable income exceeding thresholds due to inadmissible add backs cannot use the Scheme, reduced earlier assessments do not bar later summary treatment, dropped penalty proceedings do not disqualify, and partner assessments should await firm assessments except in narrow time bar situations.
Notice u/s 269D(2) of the Income-tax Act, 1961.
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Service of statutory notice under section 269D(2) is essential; failure to serve all affected persons voids acquisition proceedings.
Failure to serve the notice required by section 269D(2) vitiates acquisition proceedings because it denies transferors and transferees a statutory safeguard. The Board directs Commissioners to ensure Inspecting Assistant Commissioners (Acquisition) strictly serve the notice on the transferor, the transferee, the occupier if the transferee is not in occupation, and every person known to be interested in the property.
Good mutatis-mutandis to orders of penalties levied u/s.18(1)(c) of the Wealth-tax Act 1957.
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Penalty orders under Wealth-tax Act must expressly record application of the explanation to support appellate consideration.
Penalty orders under the Wealth-tax Act must expressly state when the explanation to the penal provision is attracted; the Board's prior instruction to mention the explanation in penalty orders applies mutatis mutandis to penalties under section 18(1)(c) so that departmental appeals can be effectively pursued.
Accounts audited in a prescribed manner.
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Audit direction confidentiality: assessee not entitled to copies of audit proposals or Commissioner approvals.
An assessing officer may direct an assessee to obtain accounts audit where complex accounts and revenue interests require, but only with prior Commissioner approval; the Board holds that the assessee is not entitled to obtain copies of the officer's proposal or the Commissioner's approval for issuing such an audit direction.
"In the employment and in any business carried on in India" occuring in sec.10(6)(VIIA).
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Employer employee relationship requirement limits exemption to employees of businesses carried on in India; fees must be checked for embedded profit.
Qualification for the income-tax exemption requires both a business actually carried on in India and that the technician be in an employer-employee relationship with that business; a foreign employer may qualify only if it carries on the Indian business. Fees charged by a foreign collaborator for loaned employees must be examined for embedded profit-pass-through payments cause no profit, while retained margins constitute profit-and tax authorities should scrutinise agreements and act, including for prior years where necessary.
Procedure envisaged by s. 144A,144 B of .Income Tax Act. 1961.
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Assessment time limit extension after draft order references allows completion after administrative directions, altering limitation computation.
Forwarding a draft assessment order and subsequent receipt of directions from the higher authority excludes the intermediary period for limitation computation so that the remaining normal time available at the moment of forwarding continues to be available after directions or expiry of the objection period; multiple drafts may be sent before the normal statutory limit but not after, administrative directions can be issued within the normal time limit on matters not previously examined or objected to, enhancements cannot be made in the reference stage but may be pursued by administrative directions or by invoking reassessment/revision provisions where permissible, and fresh evidence is admissible only on issues objected to.
Income-tax Act, 1961--Section 193 read with section 197(1)(2)--Interest on Government securities--Rates of tax applicable during the year 1978-79 as proposed in the Finance Bill, 1978
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Tax deduction on government securities interest: prescribed withholding rates to be issued to treasuries for immediate implementation.
Rates for deduction of tax and surcharge from interest on Government securities are prescribed under Section 193 read with Section 197(1)(2) and a draft circular sets out the withholding rates to be applied to interest paid on Government securities, to be communicated immediately by Accountants General to Treasury Officers and Sub Treasury Officers for uniform implementation.
PAN must be quoted in all communications -individual assessees,Board, various Directorates of Inspection.
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Permanent Account Number requirement: PAN must be quoted in all communications concerning individual taxpayers to authorities.
The Instruction requires that the Permanent Account Number (PAN) be quoted in all communications concerning individual assessees, including reports from Commissioners of Income Tax, correspondence from Income tax officers to assessees, and communications to the Board, Directorates of Inspection, and other departments, to remedy observed omissions and ensure consistent taxpayer identification.
CBDT to ensure that harassment is not caused to the public.
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Taxpayer harassment prevention: ensure prepaid tax credits are recorded before issuing recovery notices to taxpayers.
The Board directs officers to ensure taxpayers are not harassed by recovery notices issued without giving credit for prepaid taxes; adopt the amended aid-sheet proforma, identify cases where prepaid tax credit is missing, take assessees' claims into account before issuing recovery notices, and treat complaints seriously by seeking explanations from responsible officials.
Deduction of income-tax at source--Section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Financial year 1978-79
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Deduction of tax at source clarified: withholding, remittance, and reporting obligations for insurance commission payments.
Deduction under Section 194D applies to income by way of insurance commission, defined to include remuneration for soliciting or procuring insurance business; tax must be deducted when commission is credited or paid, remitted to Government within prescribed timeframes, shown on specified challans with surcharges separately, rounded as prescribed, and reported by issuers through prescribed certificates and periodic returns, while recipients may seek certificates authorising lower or no deduction.
Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzle--Financial year 1978-79
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Tax deduction at source on lottery winnings requires prescribed withholding, reporting, and remittance obligations for payers.
Deduction of income-tax at source is required on lottery and crossword puzzle winnings exceeding Rs.1,000 with prescribed flat withholding rates for individuals and companies, subject to application of higher tax if the winnings as total income attract higher liability. Withholding applies to payments on or after the financial year commencement and on instalment payments; cash-plus-kind prizes are taxed on aggregate value while prizes only in kind are not withheld on. Payers must round tax to nearest rupee, remit deductions promptly, issue prescribed payment certificates, file quarterly deduction statements, and accept recipient certificates authorising lower or nil deduction.
Income tax limit raised from Rs.8000 to 10000 w.e.f. A.Y 1978-79 in case of individuals, H.U.Fs ., U.R.Fs.
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Tax threshold increase requires removal of low-income cases from the register and mandatory departmental review and reporting.
The instruction raises the taxable limit for individuals, HUFs, AOPs and similar entities for the stated assessment year, rendering cases with total income below that threshold non-assessable. I.T.Os must review the G.I.R., weed out cases whose assessed income remained below the threshold for the last three assessment years or annotate them to preclude assessment proceedings for the current year. Completion certificates showing numbers weeded out and annotated must be submitted up the supervisory chain, with test checks and a consolidated report furnished to the Board by the prescribed dates.
Payments exceeding Rs.2500 by a crossed cheque or bank draft is not applicable u/r 6 DD of Income.Tax Rules 1962.
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Payments for seafood purchases exempt from crossed cheque requirement under Rule 6DD, clarifying prawns and other marine species included.
Clause (f)(iii) of Rule 6DD exempts payments for purchase of fish or fish products from the requirement of making payments by crossed cheque or crossed bank draft under section 40A(3). The Board advises that "fish or fish products" includes prawns, lobsters, crustaceans, molluscs and other marine species, so payments for those items are not subject to the crossed cheque/bank draft requirement.
Delay in disposing applications leads to a number of problems and creates hardships.
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Timely disposal of fund recognition applications mandated with fixed deadlines and reporting; future short disposal period required.
Delay in disposing recognition or approval applications for provident, superannuation and gratuity funds causes loss of deductibility for employer contributions, loss of fund income exemption, and denial of employee deductions; the Board directs disposal of backlog applications received before 1 April 1978 by a fixed final date, requires a report identifying disposed and remaining cases with reasons, authorises posting extra staff if needed, and mandates that future applications be disposed within a short prescribed period.
Immediate and deferred rebates.
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Immediate rebate deduction allowed before applying the shipping income percentage; deferred rebate treated as non-deductible business expense.
Immediate rebate paid at collection may be deducted from gross freight before applying the percentage-based tax under sec.44B because only the balance is remitted to the shipping company. Deferred rebate, paid under conference conditions requiring shippers' exclusive support, is characterised as a business expenditure incurred by the shipping company and is not allowable as a deduction from gross freight for that purpose.
Execution of a fresh deed of partnership.
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Sharing in losses governs need for a fresh partnership deed; registration continues if the new partner does not assume loss liability.
A fresh partnership deed is required only if the partner who attains majority expressly agrees to share in losses; otherwise the original deed remains valid even if losses are borne by some partners. The assessing officer must obtain an affidavit or sworn statement from the partner who attained majority confirming he does not share losses and that profit and loss shares remain unchanged before allowing continuance of registration.
Pendency of penalty.
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Penalty initiation guidelines require individual enquiry, hearing, and reasoned orders to curb routine penalty proceedings.
Before initiating penalty proceedings the Income tax Officer must enquire whether the assessee was prevented by reasonable cause, accept genuine written explanations without initiating proceedings and record reasons for non initiation. Opportunity to be heard is mandatory; penalty proceedings should ordinarily be completed soon after assessment, typically within six months, and orders levying penalties must be speaking orders supported by adequate reasoning. Penalty registers, progress reports and a prosecution scrutiny column must be maintained. These measures aim to reduce routine, infructuous penalty actions and ensure timely, reasoned disposal.
Meaning of interest u/s 2(28A) of the Income Tax Act 1961.
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Interest definition excludes brokerage: intermediary fees for securing loans are not treated as interest for withholding.
Interest is construed as payment for the use of borrowed moneys payable by or on behalf of the debtor to the creditor or to any person on his behalf. Brokerage or manager's remuneration payable to a broker or middleman who secures deposits is not includible within the meaning of interest. The term "service fee or other charge" refers to amounts paid by the borrower to the creditor, such as discounts, fees or damages, in respect of borrowed moneys or unutilised credit facilities, but excludes intermediary brokerage charges.

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