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Income-tax Officer may exercise the discretion conferred on him u/s 220(6).
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Discretion to require security: tax officers may condition abeyance of demand by seeking security to protect the revenue.
Income-tax Officers may, when treating an assessee as not in default under section 220(6), impose conditions they deem fit, including requiring suitable security to keep a tax demand in abeyance; Instruction No.1067 offered limited guidelines and does not restrict this broader discretionary power, so an officer may, after considering all circumstances, require security to safeguard the revenue.
Audit Report.
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Estate duty arrears require coordinated recovery action and strict enforcement to achieve expedited liquidation by a set deadline.
Controllers must ensure coordination between State TROs and Estate Duty Officers to prevent accumulation of estate duty arrears, hold discussions with State authorities, and commence concrete recovery steps from the specified month in 1973. Assistant Controllers must scrutinise each outstanding demand and outline recovery steps; Deputy Controllers must conduct periodical inspections to ensure compliance. The administrative aim is liquidation of realizable arrears within the defined short-term timeframe.
Refund of amount of tax representing excess over advance tax paid by assessee.
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Withholding refunds when reassessment is pending to protect revenue and permit adjustment against resultant tax demand.
When assessment is set aside but re assessment is pending, issuing a refund of excess tax may prejudice revenue because additions may be restored; the Income tax Officer should consider withholding the refund by referring to the Commissioner for approval under section 241, and, if withheld, re assessment should be completed promptly so the refund can be adjusted against resultant tax demand and avoid interest.
Immediate scrutiny of cases involving arrears of tax exceeding Rs.5 lakhs.
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Prosecution for willful tax non payment: assess arrears cases for criminal action and report with proposals.
Officers must scrutinise cases with outstanding tax, penalty or interest of at least one lakh as of 31.1.77 to assess feasibility of prosecution under the criminal provision for willful failure to pay tax; results must be reported to the Board by 30.4.78 and formal prosecution proposals forwarded thereafter for Board approval.
Exemption from income-tax to the extent of six per cent per annum of the capital employed.
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Section 80J relief to new industrial undertakings to be allowed proportionate to the period of operation.
Relief under Section 80J is to be allowed proportionate to the period during which a qualifying new industrial undertaking is in productive operation; this follows Board reconsideration and legal consultation endorsing the Audit Manual approach permitting pro rata allowance in the absence of controlling higher court authority and despite earlier decisions and commentary favouring full annual allowance.
Revised rates of exchange.
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Telegraphic transfer buying rate governs conversion of foreign currency income for tax computations, replacing prior exchange instruction.
The conversion of foreign currency incomes for tax purposes must use the telegraphic transfer buying rate adopted by the State Bank of India on the specified date in the amended rule; the amendment applies to incomes accruing, arising or received on or after the rule's operative date, while pre-amendment rates apply to earlier incomes. The earlier administrative instruction is modified where inconsistent with the rule, and reopening of assessments may be undertaken where rectification is unavailable.
Suitable staff reallocation.
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Staff reallocation based on number and type of files directs redistribution of Income-tax Officers irrespective of group designation.
The Board directs staff reallocation among Income-tax Officers to be carried out on the basis of the actual number and nature of files held by each officer rather than on the basis of the group to which an ITO belongs, and requires prompt implementation so assignments reflect operational file demands.
Amounts covered by garnishee orders.
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Garnishee denial of liability requires a formal sworn statement and notification to the assessee to enable rebuttal and recovery.
Where a garnishee denies liability under section 226(3), the assessee must be notified so the assessee can produce evidence of debt to rebut the denial and enable action. Denials must be by a statement on oath; oral statements or letters are unacceptable. If no proper sworn statement is filed within about a fortnight after the due date, authorities must proceed to recover the amount from the garnishee. These rules apply mutatis mutandis to corresponding provisions in related tax statutes.
Special messenger arrangements for collecting scrolls.
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Special messenger arrangements ensure tax collections are credited to the government account within the same financial year by banks.
Implementation of special messenger arrangements requires authorised public sector banks to transmit collection scrolls and accompanying challans from branches to focal point bank branches on the same day payments are received to ensure tax receipts are credited to the Government account in the same financial year; banks must maintain liaison with focal branch managers, perform daily checking of scrolls/challans and promptly escalate any delays beyond two days to the focal branch manager with advice to the Chief Commissioner of Accounts, New Delhi.
"In respect of remittance (s) referred to above".
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No objection certificate wording updated to reference remittances, affecting tax withholding documentation and compliance procedures.
Amendment to the prescribed No Objection Certificate requires adding the words "In respect of the remittance(s) referred to above" immediately before the issuing authority's signature, thereby linking the certificate to the identified remittance(s) and affecting certificate content used for tax withholding and remittance documentation.
Tax Recovery Certificate by the ITOs.
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Tax Recovery Certificate issuance: stagger timing, record asset particulars, and suspend certificates for stayed or instalment demands.
The Board directs procedural reforms for issuance of Tax Recovery Certificates: ITOs must prepare aid sheets and issue certificates from October, stop bulk March issuance, not issue certificates for stayed demands or those permitted to be paid in instalments, and record asset particulars on accompanying forms. Large demands must be forwarded to TROs via the IAC with explanatory notes. Registers under Instruction No.1139 will monitor stayed/instalment cases and replace the Recovery (Limitation) Register; IACs and Commissioners must conduct monthly reviews and inspections, and ITO(HQ) will assist in systematic write offs of irrecoverable demands.
Provisions U/s 12A(b) of the Income-tax Act, 1961.
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Audit report filing requirement for charitable trusts: late auditor reports may be accepted if delay is beyond the trust's control.
Charitable or religious trusts with income above the statutory threshold must have accounts audited by a qualified accountant and furnish the signed auditor's report in the prescribed form along with the return of income; where delay in filing the report is beyond the assessee's control, the exemption should not be denied solely for late filing and the assessing officer should record reasons when accepting a belated report.
Powers of ITOs under section 142(1) of Income Tax Act, 1961.
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Power to call head office accounts permitted where documents are relevant and officer applies independent judgment.
The ITO has powers under section 142(1) to call for head office books when those books are relevant to making an assessment, but may call only such records as he considers, after an application of mind, necessary; blanket demands are not permitted and there must be evidence showing the ITO's considered decision to require production.
Mistakes in valuing the perquisite of rent free accommodation.
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Perquisite valuation rule: accommodation placed at employee's disposal deemed enjoyed even during absence, triggering reassessment where undervalued.
Valuation of the perquisite of rent free or concessional accommodation must include all periods during which the accommodation is placed at the employee's disposal, even if not physically occupied; leave and official tour periods cannot be excluded. Income tax officers are to note this principle and re open assessments where valuation was done differently so that any additional demand may be raised and collected.
Benefit derived by the employees not taxed as perquisites.
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Perquisite taxation: concessional asset sales to employees treated as taxable benefit when below market value.
Concessional sale of company assets to employees at prices below market value produces a taxable perquisite equal to the difference between market price and sale price. This applies to transfers to directors, substantial interest-holders, and other qualifying employees; assessing officers must inquire into such sales, verify market-value pricing, include the perquisite in salary income, and consider it when determining disallowances under the Act.
Standard deduction restricted to Rs.1,000 in receipt of conveyance allowance.
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Conveyance allowance treatment: cap on standard deduction where allowance or employer vehicle benefits amount to private conveyance use.
Restriction of the standard deduction applies where an employee receives a conveyance allowance or has use of employer motor vehicles otherwise than wholly and exclusively for duties; the substance of a payment controls its treatment so that allowances that in reality are conveyance allowances are subject to the deduction cap regardless of nomenclature, while genuine reimbursement of actual expenses incurred in performance of duties is not subject to that cap, and travel between residence and office is treated as private use.
Benefits of approved superannuation funds.
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Eligibility for superannuation fund benefits restricted to whole time bona fide employees without significant beneficial shareholding; nonqualifying contributions lose deductions.
Directors qualify for approved superannuation fund benefits only if they are whole time bona fide employees and do not beneficially own shares above the specified voting threshold. Contributions for directors who fail either condition are not deductible as employee or employer contributions; such amounts do not vest as taxable income in the year of contribution but become taxable when due and are not eligible for the fund exemption. Commissioners must review approvals, issue show cause notices, require segregation of non qualifying contributions and pursue remedial measures for wrongful deductions.
Penalties u/s 271(4A) of Income Tax Act 1961.
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Voluntary disclosure limits settlement-based penalty relief; disclosures after search are not voluntary and cannot justify penalty reduction.
Application of penalties under section 271(4A) requires genuine voluntary disclosure; penalties and assessments must not be reduced or framed as part of private settlements that grant unlawful concessions to the assessee. Disclosures following search or seizure of unaccounted cash or incriminating documents are not voluntary for penalty mitigation. The Board instructs strict adherence to prior guidance on the meaning of "voluntary" and "disclosure" to prevent unlawful settlement practices.
"Urban Ceiling Act" - on the provisions of Chapter XXA of the Income-tax Act, 1961.
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Urban land ceiling override: Urban Ceiling Act displaces central acquisition unless Central Government holds property before final notification.
Where the Urban Land (Ceiling and Regulation) Act conflicts with Chapter XXA acquisition provisions, the Urban Ceiling Act overrides Chapter XXA unless the Central Government has acquired and holds the property before the State issues the final notification vesting the land. Central acquisition under Chapter XXA is compulsory; if the Central Government holds possession by the date of the State's final notification, section 19 of the Urban Ceiling Act exempts that property. The Department may refrain from taking possession under Chapter XXA, and any damage claims by transferors will depend on facts and proof of mala fide conduct.
Demonetisation of high denomination bank notes.
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Demonetisation procedures require prompt survey, stamping of books, targeted enquiries and reporting to verify source of high denomination notes.
Demonetisation directives require collection of triplicate declarations by banks, forwarding originals and attested copies to assessing and supervisory officers, stamping and marking of cash books and prime entry records, and use of survey and examination powers where explanations or accounts are unsatisfactory. Enquiries are to be prioritised by value and handled by assessing officers or inspection directorates as appropriate, with mandated history sheets, registers, retention of originals, and monthly progress reports to central inspection authorities to ensure timely completion and coordinated supervision.

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