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Clarification on removal of Cyprus from the list of notified jurisdictional areas under section 94A of the Income tax Act, 1961
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Removal of notified jurisdictional area: Cyprus removed retrospectively under section 94A of the Income Tax Act.
The rescission of Notification No.86/2013 removing Cyprus as a notified jurisdictional area was carried out by subsequent notifications in December 2016, and the Board clarifies that the rescission has retrospective effect from 01.11.2013, resolving divergent administrative views and treating Cyprus as not a notified jurisdictional area from that date.
Extension of time for filing declaration under the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
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Extension of filing deadline under PMGKY permits declarations where tax paid by deadline and deposit made by extended date.
Where due tax, surcharge and penalty under PMGKY were received on or before 31 March 2017 and the deposit in the Bond Ledger Account under the Deposit Scheme was received on or before 30 April 2017, the declaration in Form No.1 under PMGKY may be filed by 10 May 2017.
Revised format for reports regarding Writ petition filed against Income Tax Settlement Commission’s order and demand collected in pursuance of orders u/s 245D(4) of ITSC.
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Reporting obligations on ITSC orders and 245D(4) demand realization require revised quarterly returns in prescribed formats.
Revised reporting requirements require tax authorities to submit quarterly reports in the prescribed Annexure A/B formats on writ petitions filed against Income Tax Settlement Commission orders and on demands pending realization following ITSC orders under section 245D(4), including section wise counts of orders, departmental challenges, case level details for High Court filings and decisions, and submission of reports by designated Chief Commissioners and DGIT (Inv.) offices.
Clarification regarding liability to Income-tax in India for a non-resident seafarer receiving remuneration in NRE (Non Resident External) account maintained with an Indian Bank
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Non-resident seafarer salary: not taxable solely because credited to an NRE account when earned for service outside India.
Salary of a non-resident seafarer for services rendered outside India on a foreign-going ship (Indian or foreign flag) shall not be included in total income merely because that salary has been credited in the NRE account maintained with an Indian bank; mere credit to an NRE account does not render foreign-earned salary 'received in India' for taxability purposes.
Investigation Module of Income Tax Business Application (ITBA) - Changes in TEP processing
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Tax Evasion Petition processing updated: new Category D added and new Excel upload utility for pending TEPs.
The Investigation Module of ITBA adds Category D to TEP classifications and disallows legacy categories U, X, Y, Z and F for any TEPs received after 31.03.2017. To facilitate migration and uploads, the TEP Excel Utility v1.1 is released on the ITBA Utilities page for use by DDIT/ADIT/ITO (Inv.) and Addl.DIT/JDIT (Inv.), permitting partial uploads and supporting both old and new categories; prior utility v1.0 may be used but lacks the new categories. Training materials and helpdesk support are available on the ITBA portal.
CBDT notifies new Income Tax Return Forms for AY 2017-18
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Income tax returns AY2017-18: new one-page ITR-1 (Sahaj) for individuals with income up to Rs.50 lakh, simplified filing.
Notification introduces a one-page simplified ITR-1 (Sahaj) for individuals with total income up to Rs.50 lakh from salary, one house property and other sources; rationalises tax computation and deduction parts; reduces number of ITR forms through consolidation and renumbering; requires electronic filing of all notified forms while permitting limited paper filing for elderly taxpayers (age 80) and individuals/HUFs with income Rs.5 lakh and no refund claimed.
Clarifications on the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
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Declaration filing extension under PM Garib Kalyan Yojana allows late Form No.1 submission if bank payment was made by March end.
Where taxpayers have paid the tax, surcharge, penalty and deposit under the Scheme but banks have not provided Challan Identification Numbers or deposit reference numbers, preventing upload of Form No.1, taxpayers who made such payments at banks by the closing hours of 31st March, 2017 are permitted to file the declaration in Form No.1 under the Scheme by 10th April, 2017.
Opening of Field Offices of Income Tax Department (till midnight) on 31st March, 2017 to facilitate filing of declarations under PMGKY
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PMGKY declarations: designated income-tax field offices remain open until midnight to facilitate late filing of declarations.
The Central Board of Direct Taxes directed that designated field offices of the Income Tax Department remain open until midnight on 31 March 2017 to receive declarations under the Pradhan Mantri Garib Kalyan Yojana, applying to all jurisdictions to facilitate filing after normal office hours.
Petitions seeking condonation of delay in making payment of first instalment under the Income disclosure Scheme, 2016
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Condonation of delay denied for declarant-caused late IDS payments; bank-transfer failures may be reviewed on verification and payment completion.
The Board declined blanket condonation of delay in payment of the IDS 2016 first instalment for declarant-attributable reasons, emphasising the fixed payment schedule, prior publicity and absence of interest provisions; however, Pr.CIT/CITs are authorised to consider case-by-case condonation where bank transfer failures returned or delayed funds beyond the declarant's control, upon verification with bank evidence and provided the instalment obligations are completed by the final date specified.
Guidelines for waiver of interest charged under section 201(1A) (i) of the Income-tax Act, 1961
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Waiver of interest for tax deduction defaults may be granted subject to conditions and payment of the principal demand.
The Board permits reduction or waiver of interest under section 201(1A)(i) where the Chief Commissioner or Director General considers it fit, provided the principal demand is paid or satisfactory arrangements exist; eligible cases include defaults caused by search and seizure, reliance on High Court orders later altered by law or higher court decision, and non-deduction for cross-border payments resolved by the Mutual Agreement Procedure with acceptance and withdrawal of appeals. Interest already paid may be refunded if waived, and the examining authority must issue a speaking order after hearing; the Board can examine implementation grievances but will not re-open merits.
Clarifications on Income Computation and Disclosure Standards (ICDS) notified under section 145(2) of the Income-tax Act, 1961
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Income Computation and Disclosure Standards: govern taxable income computation and clarify applicability, conflicts, and transitional treatment.
Clarifies that ICDS govern computation of taxable income under the heads "Profits and gains of business or profession" and "Income from other sources" for specified persons, apply irrespective of accounting framework used for books, and do not replace books of account requirements. Where ICDS address transactional issues, their provisions apply for relevant assessment years, subject to override by specific statutory rules or sectoral provisions. The circular resolves operational points including recognition and timing of revenue, treatment of MTM gains/losses, derivatives, capitalization of borrowing costs, transitional treatment of grants and reserves, valuation of securities category wise, and disclosure obligations in returns and tax audit reports.
Time Barring Scrutiny cases pending to be uploaded on the AST System-reg
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Extension of upload deadline for manual AST assessment orders requires assessing officers to complete pending scrutiny uploads and log technical issues.
Extension of the time limit for uploading manually passed scrutiny assessment orders on the AST system to allow assessing officers to complete pending uploads and ensure demands are available on the system. The Directorate categorised reasons for non-upload-including cases with original and revised returns, referrals to TPO/DRP/AAR, abatement due to search proceedings, non e-filed returns, PAN migration issues, and technical problems-and prescribed specific actions such as system auto-closures, final order uploads when cases return, PAN migration, manual uploads, and lodging complaints with ITBA Helpdesk. Administrative officers are directed to ensure completion and refer to the i-taxnet list of pending cases.
Processing of returns filed in F.Y. 2015-16 getting time barred on 31.03.2017 on Online TMS in ITD Application – regarding
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Time-barred income tax returns: Online TMS enabled to process PAN-related failures with distinct treatments for valid and invalid PANs.
Enables Online TMS from 15-3-2017 to process FY 2015-16 returns nearing time bar where AST/CPC cannot process them due to PAN-related issues. Two workflows: Category 1 for genuine PANs (migration, deletion, de-duplication, restoration) allows AO processing outside PAN jurisdiction, online tax credits, and later integration into AST; Category 2 for invalid or mismatched PANs disallows tax credit posting and refunds, keeps processed data standalone, and requires the AO to record reasons and pursue PAN correction.
Clarifications on the Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016
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Declaration requirement: bank deposits may be treated as eligible though not existing at filing; cash must exist at payment.
Where undisclosed income is represented by deposits in an account with a specified entity, those deposits need not exist on the date of filing the declaration or making payments under the Scheme; however, where undisclosed income is represented by cash, that cash must exist on the date of payment of tax, surcharge and penalty under the Scheme or on the date of deposit under the Pradhan Mantri Garib Kalyan Deposit Scheme, 2016, whichever is earlier.
Online Verification of Cash Transactions – 2016 on AIMS Module in Income Tax Business Application (ITBA)
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Online verification of cash transactions enhances AIMS-based officer access and notice generation under section 133(6) capabilities.
Enhancements to the AIMS module permit designated users to generate notice u/s 133(6) after entering approval details, record Survey u/s 133A particulars and attach supporting documents, and mark cases as Not Traceable or Not Responsive. Investigation and I&CI wing users and supervisory officers may view cases, provide enquiry/survey/search inputs, and-subject to mandatory PAN entry for Investigation/I&CI users-search PAN on an All India basis. Operational support is available via the ITBA helpdesk.
Launch of Income Tax Business Application (ITBA) - Prosecution Module (Phase 1)
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Prosecution workflow enables initiation, show-cause and authorization under section 279(1) via the ITBA portal for tax offences.
ITBA Prosecution Module Phase 1 implements an electronic prosecution workflow for the Income-tax and Wealth-tax Acts allowing authorized officers to initiate prosecution proposals, escalate submissions, issue show-cause notices and grant authorisation under section 279(1), and record court complaints, hearings, judgments and appeals; it provides MIS reporting, excludes TDS provisions pending CPC-TDS, defers compounding and immunity functionality to a later phase, and specifies access, authentication, browser, training and helpdesk requirements.
Issue of notice under section 133(6) of the Income-tax Act, 1961 for verification of cash deposits under 'Operation Clean Money'-regd.
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Verification notices under section 133(6) require online response; failure to comply may lead to administrative escalation and penalties.
Verification of cash deposits for the demonetisation period is to be undertaken via the Online Verification Portal per the SOP dated 21.02.2017. Notices under section 133(6) must be generated through the ITD system only, responses furnished online within the stipulated period, and prior approval of the Pr. CIT/CIT/Pr. DIT/DIT is required before issuing a notice when a person fails to respond to online reminders. Failure to respond may lead to escalation as 'Not-Acceptable' and attract penalty proceedings.
Quarterly Report of demands pending for realization after issuance of order by Income Tax Settlement Commission under Section 245D(4) of the I.T. Act, 1961.
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Monitoring of ITSC tax demands required; quarterly reports are due to Member (Inv.) after each quarter.
A departmental instruction requires Principal Chief Commissioners, Director Generals (Inv.) and Chief Commissioners (Central) to submit a Quarterly report of demands pending for realization after issuance of Settlement Commission orders under 245D(4), in the prescribed Annexure A format capturing opening pending cases, demands arising during the quarter, collections, and closing pending cases, to be sent to Member (Inv.) by the 10th of the month following the quarter; first report for Jan-Mar 2017 due by 10.04.2017.
Clarification for determination of Place of Effective Management (POEM) of a company, other than an Indian company-reg
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Place of Effective Management exempted for lower turnover foreign companies, restricting residential status test applicability.
The provision in clause (ii) of sub section (3) of section 6 of the Income tax Act, operative from assessment year 2017 18, shall not apply to a company (other than an Indian company) that has turnover or gross receipts of fifty crores or less in a financial year, thereby exempting lower turnover foreign companies from the POEM based residential status test.
Standard Operating Procedure (SOP) to be followed by the Assessing Officers in verification of Cash transactions relating to demonetisation
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Online verification of cash transactions classifies records as acceptable or non acceptable and quantifies undisclosed income electronically.
SOP requires Assessing Officers to perform fully electronic verification of demonetisation related cash transactions via the e filing and ITBA/AIMS platforms: taxpayers view records, submit online explanations and evidence, and AOs must mark each record as Acceptable or Non Acceptable, quantify undisclosed income for non acceptable records, request additional information through the portal, secure prescribed supervisory approvals online, and escalate unresolved or non compliant matters for further action including statutory measures.

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