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Instruction no.123 modified.
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Recordkeeping obligations require officers to personally enter current demands and certify carried-forward arrears with verification.
Income-tax Officers must personally record particulars of current demands in the Demand and Collection Register; UDCs may fill non-demand columns in certain wards but officers must ensure accuracy. Carrying forward arrear demand is to be executed by Inspectors/Head Clerks/Supervisors in specified wards and by UDCs in Salary/Summary wards, with the official appending a signed certificate and printed name on the first page. A special squad led by a Head Clerk or Supervisor, constituted by the Inspecting Assistant Commissioner from his range, will verify and reconcile arrears and sign certificates; each ITO must test-check a sample and is overall responsible for correct carryover and verification.
Inclusion of gifts by the deceased during his life time.
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Inclusion of gifts: gifts may be included in estate value and debt abatement invoked simultaneously when conditions are met.
Sections 9 and 10 include gifts made by the deceased during his lifetime in the estate's principal value, while Section 46 permits proportional abatement of debts where consideration comprised property derived from the deceased or was provided by a person whose resources included such property; inclusion under Sections 9/10 and abatement under Section 46 may be invoked simultaneously if the conditions of those sections are met.
Correctness of any order passed by the Appellate Controller u/s 63(2) of the Estate Duty Act, 1953.
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Appeal under section 63(2): Controllers must receive appellate orders and file appeals in their own names promptly.
The Controller may appeal Appellate Controller orders where not satisfied; because the inclusive definition of Controller includes Assistant Controllers, differing dates of service can complicate computation of the appeal limitation. The Board directs Appellate Controllers to communicate orders to the Controller, requires Assistant Controllers to notify Controllers immediately of any orders served on them, and mandates that appeals be filed by the Controller in the Controller's own name.
Form of assignment in Rule 31 of the E.D. Rules.
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Assignment reversion on maturity: assigned life insurance benefits revert to the assured without need for reassignment orders.
When a life insurance policy assigned for estate duty matures during the assured's lifetime or is surrendered, the benefits and right to receive moneys revert automatically to the assured as if the assignment had not been made, and no separate Central Government order is necessary to reassign the policy.
Provisions u/s 119(2)(b) ,239(2),Income Tax Act.
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Refund claim timeliness: departmental delay may be remedied by waiver or condonation to allow assessment completion and refund.
Where a valid refund claim is filed in time but departmental delay causes assessment completion to be barred by limitation, the Central Government may be authorised to waive the assessment time limit so the refund can be granted; such cases are to be referred to the Board and Commissioners must fix responsibility. For late claims, the Board may invoke condonation powers to authorise assessment completion beyond time in deserving cases, deciding each case on its merits.
Warning by the CIT.
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Issuance of warning: decision and administration divided between Commissioners, with requirement to consult and communicate case facts.
Procedure for issuing warnings allocates roles between Commissioners: the Commissioner in whose charge the mistake occurred decides whether to call for explanation, records whether the mistake was bonafide, and determines acceptability of the explanation. If a warning is to be issued, that Commissioner makes the final decision but must communicate facts to the Commissioner under whom the officer works, who will administer the warning. For contemplated disciplinary action, the Commissioner under whom the officer works will take all steps in consultation with the Commissioner in whose charge the mistake occurred.
Applicability of section 4(1)(a) of the Gift Tax Act.
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Applicability of gift tax: require simultaneous initiation of gift tax proceedings when income tax approvals are granted.
Applicability of section 4(1)(a) of the Gift Tax Act must be examined whenever income tax proposals requiring prior approval are considered, and approving authorities should simultaneously direct assessing officers to initiate gift tax proceedings so that gift tax assessment proceeds in parallel with income tax approvals.
Investment in National Savings Certificates, etc.-Exemption on holdings in the names of minor children
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Exemption for family-held tax-free savings certificates allowed up to prescribed individual and joint investment limits.
Exemption is allowed on interest from specified tax-free savings certificates and accounts held in the names of an assessee's spouse and minor children up to the prescribed individual or joint investment limits; ceilings for discontinued certificates are inclusive of current National Savings Certificate limits, and remedial relief must be granted where exemption was not previously allowed.
Allotment of Permanent Account Number u/s 139-A.
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Permanent Account Number allotment required; departments must complete allotment, notify applicants, and file compliance report.
Section 139-A requires applications for allotment of a Permanent Account Number in Form No.49-A by the prescribed deadline. The Board directs that all pending applications must have P.A.N.s allotted and communicated to applicants by 31st May, 1977, and requires submission of a compliance report immediately after that date.
Receipt Counters in the Income tax Offices.
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Acceptance of tax payments at public sector banks replaces income-tax office cheque counters, requiring record safeguards and taxpayer notice.
The Board has ordered immediate withdrawal of Income-tax Office cheque-receipt-counters following nationwide extension of authorised public sector banks to accept direct tax payments. Commissioners must direct officers to collect and securely custody cheque-counter records, deliver assessee challan copies for already accepted cheques, recover and account for unused provisional receipt books, and advise taxpayers about the authorised banks for future payment.
Mistakes in tax calculation.
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Checking of tax calculations is required of assessing officers under reiterated instructions with specified monetary thresholds to prevent errors.
The Public Accounts Committee criticised reliance on lower-level clerical checks and emphasised that checking of tax calculations is an essential function of assessing officers, not to be foisted on subordinates. Comprehensive instructions prescribing responsibility at different levels and monetary thresholds for arithmetic verification were issued by audit authorities, and the Board has reiterated that these instructions must be carefully followed by officials at all levels to minimise errors in assessments and refunds.
'No Objection Certificate' for remittance abroad.
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Guarantee permission requirement: Indian guarantees for foreign obligations must have prior central bank approval before NOC for remittance.
Income tax officers must ensure an Indian concern has obtained prior Reserve Bank permission for giving guarantees on behalf of foreign collaborators before accepting such guarantees or issuing a 'No Objection Certificate' for remittances of royalty, technical know how fees or similar payments abroad.
Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961-Deduction from lottery and crossword puzzle prizes-Financial Year 1977-78
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Tax deduction at source on lottery prizes must follow Part II rates of the Finance Act until further instruction.
Deduction of income-tax at source from lottery and crossword puzzle prizes is to be made by applying the rates set out in Part II of the First Schedule to the Finance Act, 1976; this procedure applies for the financial year 1977-78 until further instructions, and State Governments must notify concerned offices while consulting the Income-tax Officer in cases of doubt.
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 on insurance commission continues at prior year rates pending legislative update and further instructions.
Deduction of income-tax at source under Section 194D applies to payments "by way of insurance commission," and withholding rates for the financial year are to remain the same as specified in Part II of the First Schedule to the Finance Act, 1976 until further directions; consult the Income-tax Officer in cases of doubt.
Income-tax Act, 1961-Section 193 read with section 197(1),(2)-Interest on Government securities-Rates of tax applicable during the year 1977-78 as proposed in the Finance Bill, 1977
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Deduction at source on interest from government securities remains at prior-year rates; continue existing withholding practice.
Tax deduction at source on interest payable on Government securities for 1977-78 shall be made at the same rates as applied in 1976-77; until further instructions, withholding must follow the rates given in Part II of the First Schedule to the Finance Act, 1976, under Section 193 read with section 197(1) and (2).
Deduction of tax at source--Income-tax deductions from salaries during 1977-78
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Tax at source on salaries may be deducted at existing withholding rates until further instructions are issued.
Tax withholding from Salaries is to continue at the same rates previously prescribed; payers must apply the existing withholding schedule set out in Part III of the First Schedule to the Finance Act, 1976 until further instructions, and State Governments should notify disbursing officers and undertakings accordingly.
Relief from capital gains tax if the sale proceeds of capital asset u/s 54, 54B and 54D of the Income-tax Act, 1961.
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Relief from capital gains tax: taxpayers must calculate reinvestment decisions; officers must expedite assessments on request.
Relief from capital gains tax is available when sale proceeds are reinvested in a replacement capital asset within the prescribed period, and the taxpayer must decide on reinvestment based on their calculation of capital gains. Where a taxpayer specifically requests prompt determination of the capital gain, the Board directs the Income tax Officer to prioritise and expedite that assessment so the taxpayer can determine whether to invest sale proceeds within the allowable timeframe.
Proper organisation of work relating to collection, collection and dissemination of information.
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Central information branch standards require defined staffing, measurable output targets and restricted scope to information collection and dissemination.
Organisation of Central Information Branches is to be standardised with annual programmes for information gathering from identified sources and measurable work standards to assess manpower and output. As an interim benchmark a model unit composition and minimum annual output are prescribed, and units must maintain complete unit-wise output records for performance measurement and future work-measurement studies. Central Information Branches are to be confined strictly to collection, collation and dissemination of information to income-tax officers and not assigned unrelated duties.
Recommendations of the Public Accounts Committee contained in para 5.11 of their 119th Report.
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Transfer pricing and resident-nonresident transactions: determine India sourced income attributable to foreign branches under section 92.
Section 92 empowers tax authorities to determine India sourced income from transactions between residents and non residents; Commissioners must examine assessments of Indian entities with foreign branches, liaison offices or subsidiaries, collect factual particulars (including RBI lists), apply section 92 where appropriate, and report detailed cases of escapement of income and modus operandi to the Board.
Recommendations of the Public Accounts Committee.
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Tax avoidance through foreign branches prompts transfer pricing scrutiny and mandatory reporting to tax authorities.
Commissioners of Income tax must investigate Indian companies' foreign branches, liaison offices, or subsidiaries to detect escapement of income, obtain up to date lists from the Reserve Bank of India where necessary, and apply transfer pricing scrutiny when computing income arising from transactions between residents and non residents; findings of escapement and detailed factual reports on modus operandi and tax effect are to be reported to the Board for review.

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