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    Appellate orders favourable to Department not given effect to for a period exceeding 5 to 6 years.
    Member of Parliament entitled to receive an allowance at the rate of Rs.500/- per month.
    Government securities become refundable in cases of invalid declaration.
    Para 5(vii) of the C&AG's Report for the financial year 1974-75-position of arrears of Annuity Deposit.
    Delegating powers to write-off irrecoverable demands relating to other Direct Taxes.
    Working of Valuation Cell.
    Allotment of a Permanent Account Number in Form No.49-A before the 31st May, 1976.
    Expenses by candidates in contesting elections to Parliament and State Legislatures can be allowed as deduction while framing income-tax assessment.
    Interest of like amounts under section 215 and 217(1A) of Income tax Act, 1961.
    Exemption for agricultural land u/s 5(1) (iva) of the Wealth-tax Act, 1957.
    Assessment procedure introduced by section 144A and 144B of the Income tax Act 1961.
    Provisions u/s 80RR ,280O , Income - Tax Act, 1961.
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    The Taxation Laws (Amendment) Act, 1975--Explanatory notes on the provisions coming into force with effect from 1st January, 1976.
    Double Taxation Avoidance Agreement between India and Ceylon.
    "Own Your Own Telephone Scheme".
    Deduction of tax at source-Income-tax deduction from salaries-Instructions-Regarding
    Deduction of tax at source--Income-tax deduction from salaries - Reference is invited to this Department's Circular No.195 (F.No.275/47/76-ITJ)* dated...
    Re-alignment of profit sharing ratio among the partners of a firm.
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Appellate orders favourable to Department not given effect to for a period exceeding 5 to 6 years.
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Compliance with appellate orders: ensure prompt implementation, record retention, and accountability for delays in enforcement.
The Board directs a review of Income-tax Appellate Tribunal orders to determine whether they have been implemented, requires that all pending Tribunal orders be given effect forthwith, and instructs maintenance of copies on assessment files. Where inordinate delays are found in implementing orders favourable to the Department, the Board advises considering disciplinary action against responsible officers and mandates development of administrative systems to prevent future lapses.
Member of Parliament entitled to receive an allowance at the rate of Rs.500/- per month.
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Parliamentary allowance exemption: fixed allowance is non-taxable; documented excess expenditure may be deducted.
MPs receive a statutory monthly allowance in lieu of specified additional facilities which is exempt from tax; the prior minimum standard deduction need not be allowed from the allowance's commencement. If actual expenditure exceeds the statutory allowance, the tax officer may examine evidence and allow deductions for the excess when computing the MP's income under the general deduction provision.
Government securities become refundable in cases of invalid declaration.
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Refund of tax paid on invalid declarations: Commissioner to order refund and Income tax Officer to issue adjusted voucher.
Where declarations are treated as invalid because they fall outside the statutory cut off, the Commissioner must pass a formal order stating the reason for non acceptance and the refundable amount, send a copy to the Income tax Officer, who will then issue a refund voucher with the three prescribed certificates scored out and notify the bank; adjustments against other demands are not permitted unless the declarant agrees, in which case records must be updated accordingly.
Para 5(vii) of the C&AG's Report for the financial year 1974-75-position of arrears of Annuity Deposit.
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Annuity deposit arrears recovery: priority treatment with mandated verification procedures and expedited collection measures.
Commissioners must treat arrears of Annuity Deposits and appeals thereon as priority matters, take immediate steps to ensure adjustment, reduction and collection, and segregate amounts deemed irrecoverable while withholding write-off pending central clearance. Where payments lack counterfoils, assessees must file an amended Form No.5 with certified copies verified by the ITO (and IAC countersignature where prescribed), the ITO must record verification in the assessment file, and a separate register must record details of adjustments for revenue audit. Reporting is reinforced by adding a column to the Quarterly Statement to track arrears reduction.
Delegating powers to write-off irrecoverable demands relating to other Direct Taxes.
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Delegation of write-off powers for direct taxes aligned with income-tax procedure; higher-value cases require Board review.
Delegation of write-off powers for irrecoverable demands relating to other Direct Taxes is authorised to Commissioners/controllers, to be exercised following the same procedure as for income-tax write-offs, but subject to a prescribed monetary ceiling; proposals exceeding that ceiling must be sent to the Board with the Zonal Committee's recommendations. Existing Board instructions on income-tax write-offs apply to Wealth-tax, Gift-tax, Expenditure-tax and Estate Duty within these limits.
Working of Valuation Cell.
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Valuation referrals timing: send references early to the Valuation Cell to ensure even workload and avoid year-end rush.
Assessing officers are directed to forward references for property valuation to the Valuation Cell in the early part of the year to permit even distribution of assignments among Valuation Officers and to avoid a year-end rush of work.
Allotment of a Permanent Account Number in Form No.49-A before the 31st May, 1976.
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Permanent Account Number compliance grace: administrative deferral of penalty where prescribed PAN application is filed within extended period.
Section 139A requires specified persons to apply for allotment of a Permanent Account Number in Form No.49-A under Rule 114 by the prescribed filing date; the Board directed that penal action under Section 272B shall not be initiated for default where the prescribed Form No.49-A is submitted by 31 July 1976, constituting an administrative deferral of enforcement for late applications within that extended period.
Expenses by candidates in contesting elections to Parliament and State Legislatures can be allowed as deduction while framing income-tax assessment.
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Election campaign expenses not deductible under income-tax assessment, disallowed for candidates regardless of electoral outcome.
The Board directs that expenses incurred in contesting elections to Parliament and State Legislatures are not allowable as a deduction when framing an income-tax assessment, and this disallowance applies regardless of whether the candidate wins or loses.
Interest of like amounts under section 215 and 217(1A) of Income tax Act, 1961.
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Interest liability under section 215 precludes concurrent interest under section 217(1A) for same estimate-related defaults.
Where an assessee has filed an estimate, however inaccurate, the penal interest for failure to furnish an estimate does not apply; the two interest provisions are distinct and cannot be cumulatively levied for the same assessment year. The Board directs that in cases of underestimation of advance tax or failure to file an obligatory estimate, only interest under the provision addressing shortfall in advance tax should be charged.
Exemption for agricultural land u/s 5(1) (iva) of the Wealth-tax Act, 1957.
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Exemption for agricultural land linked to aggregate asset exemption, requiring proportional allocation of wealth tax between assets.
Exemption for agricultural land is integrated with the aggregate exemption for specified assets; compute wealth-tax on those assets by applying the average rate to their value after deducting the aggregate exemption, then allocate to agricultural land by prorating the post exemption tax in the ratio of agricultural land's gross value to the gross value of the specified asset class before deduction. If the combined gross value of those assets is below the aggregate exemption ceiling, no tax is attributable.
Assessment procedure introduced by section 144A and 144B of the Income tax Act 1961.
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Assessment variation threshold triggers forwarding of partner draft assessments when firm adjustments increase partner shares beyond the limit.
The instruction states that the assessment variation procedure under section 144B applies to partners whose share of income is enhanced by more than the prescribed variation threshold due to a firm's assessment, requiring forwarding of draft partner assessments based on the determined firm share. It directs completion of firm assessments by a target date to permit compliance, permits partner assessments on returned income with later rectification only in exceptional cases, and requires reporting of prior non compliant partner cases with tax effect details.
Provisions u/s 80RR ,280O , Income - Tax Act, 1961.
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Deduction for authors' foreign earnings applies to net income after allowable expenses, not gross foreign receipts.
Deduction for foreign professional income of resident authors, playwrights, musicians or actors is allowable only when repatriated in accordance with foreign exchange law and must be calculated with reference to gross total income as defined-i.e., income after allowing expenses of earning-so the deduction under section 80RR applies to net income, not gross foreign receipts.
Payment of interest u/s 214, Income Tax Act, 1961.
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Interest under section 214 stays fixed to the regular assessment date; rectification under section 154 can modify it.
Interest under section 214 is calculated on the difference between advance tax and tax determined on the regular assessment from the first day of April to the date of that regular assessment; the date of the first assessment fixes the terminus for interest. Interest is not altered by subsequent appellate or revision orders, but may be adjusted where the original assessment is rectified for mistakes apparent from record, treating the rectified order as determining the tax for section 214 purposes.
Income Tax Clearance Certificate before registration/ transfer of the vehicles.
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Income tax clearance certificate for vehicle transfers not mandated; use registration lists and intensified surveys for tax assessments.
Directive requires intensification of internal survey operations: periodically obtain lists of new vehicle registrations and transfers from State Transport Authorities and expeditiously utilise those lists in Income-tax assessments to detect and counter tax evasion, since States indicated inability to mandate production of an Income Tax Clearance Certificate despite offering co-operation.
The Taxation Laws (Amendment) Act, 1975--Explanatory notes on the provisions coming into force with effect from 1st January, 1976.
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Activation of amended tax provisions: specified Income-tax and Wealth-tax provisions brought into force with targeted exceptions.
Explanatory guidance addresses commencement of selected amendments in the Taxation Laws (Amendment) Act, 1975, noting activation by Central Government notification from the stated commencement date, cross-referencing earlier notes for provisions already in force, and identifying particular Income-tax and Wealth-tax provisions as operational subject to narrowly described exceptions and the notifications that govern commencement.
Double Taxation Avoidance Agreement between India and Ceylon.
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Double taxation relief procedure: issue full tax demand but suspend an estimated abatement pending foreign assessment certificate.
Where at assessment in India the tax attributable in Ceylon is unknown because no certificate of assessment is produced, the ITO must issue a demand notice for the full tax without allowing immediate abatement, but may hold in abeyance for one year (or longer in his discretion) the collection of an amount estimated as the likely abatement; if a foreign certificate is produced within that period the uncollected portion is adjusted against the abatement, otherwise the abatement ceases and the outstanding demand is collected.
"Own Your Own Telephone Scheme".
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Revenue deduction for advance telephone rent allowed in year of payment despite delayed installation; refunds taxable on receipt.
Advance payments under the "Own Your Own Telephone" scheme are treated as advance rent and deductible as revenue expenditure wholly and exclusively for business; the Board directs that the entire amount be allowed as a deduction in the year of payment irrespective of installation. If the telephone is not installed and the payment is refunded, the refund is taxable in the year of receipt as recovery of an expense previously allowed.
Deduction of tax at source-Income-tax deduction from salaries-Instructions-Regarding
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Conveyance allowance tax treatment: TDS may be avoided if allowance is bona fide reimbursement under section 10(14) with certificate.
Conveyance allowance is ordinarily treated as a perquisite and added back for TDS computation, restricting the standard deduction; however, if the disbursing authority is satisfied that the allowance is a reimbursement of expenses wholly, necessarily and exclusively incurred in performance of duties and certifies this, TDS need not be deducted, subject to later scrutiny by the assessing officer.
Deduction of tax at source--Income-tax deduction from salaries - Reference is invited to this Department's Circular No.195 (F.No.275/47/76-ITJ)* dated March 25, 1976, on the above subject.
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Conveyance allowance exemption may prevent tax deduction at source if certified and substantiated by the employee.
Where conveyance allowance reimburses expenses wholly, necessarily and exclusively incurred for official duties, the disbursing authority may treat it as exempt special allowance for TDS purposes, provided a certificate is endorsed on tax deduction bills and the employee can substantiate the reimbursement before the assessing officer; the authority's satisfaction remains subject to scrutiny and documentation is required to support non-deduction and related adjustments to the standard deduction for TDS computation.
Re-alignment of profit sharing ratio among the partners of a firm.
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Gift-tax on re aligned partnership shares: include goodwill in asset valuation or capitalise income for profit only rights.
Gift-tax may apply where profit sharing ratios are re aligned and shares allotted without adequate consideration. For partners entitled to share in assets, determine interest value by adding market value of assets and the value of goodwill under Rule 10(3), with no separate addition for profit sharing rights. For partners with only rights to future profits and no asset share, value the interest by capitalisation of income.

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