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Circulars
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Reference applications u/s 256(1)-Criteria.
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Reference filing autonomy: commissioners may decide on tribunal references, with board approval required for high court approaches.
Instruction No.1328/CBDT authorises commissioners to decide independently whether to accept tribunal decisions or file reference applications without prior board approval, subject to exceptions: mandatory board reporting where reassessment or revision follows a revenue audit objection with an adverse tribunal finding, and prior board approval (with advance submission and standing counsel opinion) when seeking high court reference after tribunal rejection. The instruction preserves monetary thresholds for escalation, allows grouping of repetitive legal questions, and sets limits to deter low-value appeals and references.
Scope of Sec.269(c).
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Understated consideration presumption does not automatically permit property acquisition; acquisition requires a finding of tax-evasion intent.
A conclusive presumption arises when fair market value exceeds apparent consideration by the statutory margin that the consideration was not truly stated, but acquisition requires the competent authority to find that the understatement was made with an improper object such as facilitating tax reduction, evasion, or concealment; absent such a finding or where that link is rebutted, the authority cannot acquire the property.
Monetary limit for filing second appeal.
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Monetary limit for second appeals tightened to bar departmental appeals on low tax-effect entertainment and factual issues.
The Board refines monetary thresholds for filing departmental second appeals: appeals on questions of fact need not be filed where the tax effect or penalty reduction is at or below specified low thresholds for income-tax and other direct taxes; representative High Court references on points of law should continue but repetitive tribunal appeals on the same legal issue may be withheld where individual tax effect is nominal. Specifically, in relation to entertainment expenses, no second appeal should be filed where the tax effect does not exceed the revised lower limit, subject to High Court decisions already favourable to the department.
Accounting of receipts of direct taxes.
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Accounting of direct tax receipts: clarifications mandate month-of-account stamps, central DCR entries and transfer accounting rules.
Procedural clarifications require a Month of Account stamp on each challan (a combined stamp with the main-scroll date is allowed), distribution memos must list individual challan amounts, and Central DCR/CRDR entries are to be maintained (bound volumes acceptable). March challans up to the last main scroll are accounted in the same financial year despite delays. Transfer challans are to be accounted by the Designated Officer for reporting but excluded from the CIT's net collection figures; proforma accounts, segregation of transfers (intra-/inter-zone) and specified forwarding procedures must be followed. Classification controls, use of memo abbreviations, staff deployment and transition rules are prescribed.
Appointment of chairman of Regional committee.
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Chairmanship of regional advisory committees determined by seniority, with attached charge commissioner serving as co opted member.
Where a Regional Direct Taxes Advisory Committee serves multiple Commissioners' charges and meetings alternate at the respective headquarters, the Commissioner to whose charge the Committee is attached ordinarily acts as Chairman with the other Commissioner as co opted Member; however, if the other Commissioner is senior, that senior Commissioner shall be designated as Chairman and the attached Commissioner shall become the co opted Member, with the rule applying mutatis mutandis where more than two charges are served.
Deduction u/s 32A.
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Investment allowance under section 32A applies to fishing vessels and trawlers, subject to prescribed eligibility conditions.
Fishing vessels and fishing trawlers are eligible for the investment allowance under section 32A, provided they fulfil the statutory conditions applicable to that allowance; this is administrative guidance issued after legal consultation confirming entitlement is conditional on those prescribed requirements.
Revisionary powers of Commissioner u/s 263 in respect of orders u/s 132(5).
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Revisionary power under section 263 enables correction of ITO orders that are prejudicial to revenue and affect asset retention.
Revisionary power of the Commissioner under section 263 allows revision where an Income-tax Officer's order is erroneous and prejudicial to the interests of the revenue, meaning the lawful revenue due has not been realised. Orders under section 132(5) combine summary estimation of undisclosed income, tax and liabilities with retention and release of seized assets; failure to comply with these statutory components can render such orders prejudicial, thereby enabling the Commissioner to exercise revisionary jurisdiction. The statutory time limit applies to the initial order only and does not prevent subsequent orders to give effect to superior directions.
Definition of charitable trust u/s 2(15).
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Charitable purpose definition clarified: profit-making activity to advance objects does not automatically negate charitable status.
The qualification "not involving the carrying on of activity for profit" in the definition of charitable purpose under section 2(15) applies to the object of general public utility and not to its advancement; trusts conducting profit-making activities to advance charitable objects therefore retain charitable status, while only objects that themselves involve carrying on activities for profit disqualify charity status. The board withdraws its prior instruction and permits completion of pending assessments in accordance with this interpretation.
Reward to govt. servants for success of VDIS-Applicability of Sec. 10(17B).
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Exemption under section 10(17B) affirmed for government rewards tied to VDIS, and departmental instruction is withdrawn and appeals conceded.
Reward payments to Central Government officers and staff for the success of the Voluntary Disclosure of Income Scheme are accepted as meeting the terms of section 10(17B) of the Income-tax Act, 1961; Instruction No.1189 dated 26.6.78 is cancelled and all appeals and reference applications on this point may be conceded or withdrawn.
Acquisition proceedings-Procedure of audit.
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Audit of acquisition proceedings must follow the established senior-level requisition procedure for file access and compliance.
Audit of files relating to acquisition proceedings must be conducted at a senior audit level and made available on requisition in the same manner as prescribed earlier for audits of records relating to specified disposal orders; the Board directed that the same procedure set out in the departmental letter of 24.10.1979 be applied and circulated to ensure uniform compliance.
Estate Duty-Interest u/s 64(7).
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Interest under Section 64(7) governs refunds after estate valuation reductions; administration prescribes a uniform rate.
Refunds payable after a High Court reduction in estate value give rise to interest under Section 64(7) of the Estate Duty Act; the section does not prescribe a rate. Administrative instruction states that, on consideration, it is reasonable to allow interest at a specified uniform rate for such refunds.
Summary Assessment Scheme-Audit.
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Audit of Summary Assessment Scheme ensures proper disposals, statutory adjustments, and Board review of systemic concessions abuse.
Audit of assessments completed under the Summary Assessment Scheme will verify proper disposal under the Scheme and whether required statutory adjustments were made; clear mistakes should be raised and reported with remedial action. If extraneous material suggests escaped income, reopening the assessment to address that income will satisfy Audit. Suspected systematic abuse of concessions by groups of assessees will be brought to the Board for consideration.
Sec.285A(2)-Discretion of Commissioners.
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Discretion to impose fines must be recorded when declined, otherwise audit may object to undocumented decisions.
Section 285A(2) vests the Commissioner with discretion to impose a daily fine for breaches of Section 285A(1); Commissioners must ensure defaults are brought to their notice. If the Commissioner decides not to impose a fine, a contemporaneous record of that conscious decision and its rationale must be placed on file. Proper, documented exercise of this discretion will normally preclude Audit from questioning the Commissioner's judicial exercise of discretion.
Notice u/s 269D(1).
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Accuracy of acquisition notices: ensure correct transferor and transferee names and supervisory verification before issuing notices.
The Board directs that notices under section 269D(1) must accurately record transferor and transferee names; Inspectors must report facts carefully and the competent authority must personally verify conveyance deeds before issuing notices to avoid vitiation of acquisition proceedings.
Setting up of special messenger arrangements in public sector banks- Proper liason with managers.
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Special messenger arrangements required to ensure same-day bank transmission of tax collections, with delays escalated for resolution.
Authorised public sector banks must implement daily special messenger arrangements from 17 March 1980 to transmit tax collection scrolls and challans to focal point branches, with Reserve Bank focal offices clearing any backlog by 15 March 1980. Tax offices must maintain liaison with local bank managers and perform daily checking of received scrolls/challans to identify non-compliant sending branches. Delays in receipt exceeding two days must be raised immediately with focal branch managers and, if unresolved, escalated to the Chief Controller of Accounts or the issuing official for referral to the Reserve Bank or bank head offices.
Guidelines for valuation of lessor's interest in lease-hold properties.
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Valuation of lessor's interest must reflect rent stream and reversionary value adjusted for rent control and renewal rights.
Valuation of a lessor's interest comprises the lessor's right to receive rent during the lease and the reversionary interest on lease determination; assessment must reflect the certainty and timing of reversion, accounting for the impact of rent control protections and recognized exceptions, and must take lease provisions on renewal into account when estimating income duration and prospect of reversion.
Requirement of an order levying interest u/s 216.
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Interest under section 216 requires recorded reasons and prior hearing of the assessee before levy.
Levy of interest under section 216 requires a speaking order recording reasons that the reduction or deferment of instalments arose from underestimation of advance tax or wrongful deferment by the assessee; the assessing officer must hear the assessee, assess the mens rea, and record findings and rationale in the assessment order to enable appellate review.
Computation of total income of film artist paid through annuity policy.
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Annuity taxation timing: film artists include only annuity instalments when policy meets specified contractual conditions.
Where a film artist on the cash system is remunerated by annuity policy, only the annuity instalments actually paid in a year are includible in that year's total income if the policy and agreement satisfy specified features (annual payment for a term, annuitant status, irrevocable assignment or power to collect, non-commutability and absence of surrender value, and non-assignability of annuity/interest). Absent those features, the amount paid by the producer to purchase the policy is includible in the year of purchase; cases must be examined against these conditions and the instruction applies to film artists only.
Procedure for transfer of cases on completion of investigation.
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Transfer of assessment cases requires assessee consultation; Board hearing is required when the transfer changes place.
Procedure for transfer of assessment cases from Central Charges to territorial Income-tax Officers after investigation: the Board may order transfers without change of place; where transfer involves a change of place the Board must afford a hearing. Commissioners should obtain written no-objection confirmations from assessees and forward them with proposals; if an assessee objects, the objections and the Commissioner's comments should be sent to the Board for consideration and an opportunity to be heard. This applies only to decentralisation after investigations are completed.
Estate Duty-Scope of Sec.33(1)(f) and Rule 31-A.
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Estate duty exemption applies to insurance proceeds even if the policy assignment is forwarded after the prescribed period.
The exemption under section 33(1)(f) applies to money payable under an insurance policy assigned for payment of estate duty irrespective of whether the policy was forwarded to the Controller within the three month period prescribed by Rule 31 A; consequently the Controller may accept a policy on behalf of the President even if it was not deposited within that period.

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