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Circulars
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Procedure for speedier disposal of income tax assessments.
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Summary assessments under section 143(1) enable expedited income tax disposal with limited verification and targeted exclusions.
Summary assessments will be completed under section 143(1) by linking returns with assessment records for specified low value non company, small company, and small trust/charitable cases, subject to first assessment scrutiny requirements for new companies and trusts. Verification is limited to arithmetical accuracy of income and tax computation and liabilities for penalty, interest and collection dues. Excluded categories (special investigation, search and seizure, reassessments and randomly selected scrutiny cases) remain under full scrutiny. Nil demand or refund intimation will be issued and summary and scrutiny entries recorded separately.
Appeals-Reference/SLP.
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Delay explanations required for appellate filings; advance proposals and central contacts mandated to enable condonation.
Any delay in filing Reference Applications, Certificate of Fitness applications or Special Leave Petitions must be explained daily; proposals must be submitted to the Board at least 20, 30 and 45 days respectively before limitation, belated reports must state reasons to enable condonation applications, and Commissioners must contact Director (Judicial) for Income-tax matters and Deputy Secretary (Estate Duty) for wealth, gift, estate and chapter XXA matters if Board instructions are not received in time.
Deduction under section 80C of the Income-tax Act, 1961, in respect of contributions made to National Savings Certificates VI & VII Issue
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Deduction under section 80C: correction of NSC rule citation clarifies applicability for NSC VI issue contributions.
The circular corrects the citation in Circular No. 405 para 2(iv), replacing "(Rules 19 and 28 of N.S.C.-VII Issue Rules, 1981)" with "(Rules 19 and 28 of N.S.C.-VI Issue Rules, 1981)", thereby clarifying the applicable NSC rule references for deductions relating to contributions to the NSC VI issue.
Investigation of Capital Investment Bonds.
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Capital Investment Bonds reporting requirement: tax authorities to investigate notified high-value subscriptions and incorporate RBI information.
A government-issued 7% Capital Investment Bonds may be held by individuals, on behalf of minors, or jointly, with no maximum investment limit. The Reserve Bank of India is instructed to notify income-tax authorities of high-value individual subscriptions so that field officers investigate notified investments and take appropriate action; information from the Reserve Bank or other sources must be used in scrutiny and the directions circulated to all officers.
Valuation of agricultural land comprised in tea, coffee, rubber and cardamom plantations for the purpose of estate duty and gift-tax-guidelines regarding
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Valuation guidelines for plantation land applied to estate duty and gift-tax cases, extending wealth-tax guidance to pending matters.
The Board directs that valuation guidelines from Circular No. 357, originally for wealth-tax valuation of coffee plantations, be applied to pending estate duty and gift-tax cases involving agricultural land in tea, coffee, rubber and cardamom plantations, extending the wealth-tax valuation approach to such matters under the Estate Duty and Gift-tax Acts.
Write off/scaling down of income tax demands.
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Write-off and scaling down of tax demands routed via Director of Inspection (Recovery) for fitness review before Board consideration.
Proposals for write-off or scaling down of income-tax demands must be routed to the Director of Inspection (Recovery) in the prescribed proforma for a detailed examination of fitness and ripeness, verification of requisite certificates and procedural compliance, and forwarding of specific comments to the Board; only cases with those comments received by 31 December of the financial year will be considered by the Board in the next year.
Reply to Board references.
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Top priority for VIP references: officers must reply promptly to PM/MP references or face adverse character entries.
Field formations must accord TOP PRIORITY to references from the Prime Minister's Office, VIPs, MPs and Ministers and endeavor to furnish replies to the Board within a reasonable period (around seven days). Non-compliance will be viewed adversely and may attract an adverse entry in the character roll of the officer concerned; heads of units must notify all officers under their charge.
Institution or Fund notified under section 10(23C)(iv)(v) of the Income-tax Act, 1961-Grant of recognition under section 80G of the Act
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Recognition under section 80G requires statutory conditions, not automatic for institutions notified under section 10(23C).
Recognition under section 80G is not automatic for institutions or funds notified under section 10(23C)(iv)/(v); they must satisfy all five conditions of section 80G(5). Explanation (3) excludes purposes that are wholly or substantially religious from "charitable purpose," so notification under section 10(23C)(v) does not guarantee 80G recognition where the religious-nature exclusion applies.
Clarification of monetary limits.
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Monetary limits for tax appeals apply at filing stage, with cumulative tax effect used for eligibility.
Raised monetary limits apply at the stage of deciding whether to file departmental references or appeals and do not apply to references or appeals already filed and pending disposal. Tax effect for applying the monetary limits must be calculated cumulatively: the known tax effect of the issue in the same assessee's case across assessment years taken together, or the cumulative tax effect of the issue in the cases of all assessees in the charge.
Monetary limit for appeals.
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Monetary limit for departmental appeals raised, changing thresholds for filing appeals before the Appellate Tribunal.
The instruction revises the monetary limit for Departmental appeals before the Appellate Tribunal by increasing the threshold for income-tax appeals and the threshold for appeals in other taxes, thereby changing the minimum disputed tax amount required for the Department to file an appeal.
Register for applications of provisional refund.
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Provisional refund register: require entries where tax paid exceeds tax payable, prompting prompt provisional assessment and refund.
Maintain and periodically scrutinise a prescribed register to record provisional refund applications and returns where tax paid or deemed to be paid under specified tax chapters exceeds tax payable by a specified amount; if regular assessment is unlikely within six months, make provisional assessment and grant refund unless withholding of refund is justified. Existing provisional refund procedures remain, and register columns may be modified.
Salient features of revised ITNS 150/150A forms.
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Income tax computation form revisions clarify form roles, refund notation, D&CR tracking, and penalty computation procedures for assessments.
The ITNS forms are revised: ITNS 150 for non company assessments under section 143(3), ITNS 150A for company assessments, ITNS 150B reinstated for penalty and similar calculations across direct taxes, and ITNS 196 for assessments under section 143(1). Procedural changes require two copies only, notation of refund vouchers on original and revised computations when refunds are issued or cancelled, and use of the D&CR number for tracking revised demands and refunds. Forms must indicate when used for revised calculations, and Commissioners may arrange local printing if central supply is delayed.
Receipt Audit Objections-Assessment.
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Receipt audit objections: adverse appellate orders should prompt departmental appeals unless audit concurrence leads to recorded reasons for non appeal.
Receipt audit objections should prompt departmental appeals when the first appellate authority issues an adverse order; accepted objections and objections not formally accepted but acted on in assessment are to be treated alike until audit concurrence, and the Commissioner must record reasons if no appeal is filed.
Screening of appeals/references when issues settled.
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Issue settlement in departmental appeals: withdraw appeals rendered infructuous after legal change or authoritative decisions.
Identify pending departmental appeals and references that have become infructuous because the underlying issue has been settled by a change in law, a Supreme Court decision, a High Court decision accepted by the Department, or an instruction of the Board; withdraw such appeals and references and report the results of the screening exercise to the issuing authority within the prescribed timeframe.
Recovery proceedings u/s231.
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Limitation extension for recovery proceedings: extended time to be used for collection before issuing recovery certificates.
For demands created on or before the day before the amendment's operative date, recovery certificates must be issued under the pre amendment one year timing measured from the last day of the financial year in which the demand was made. For demands created on or after the operative date the extended limitation period applies, but assessing officers should prioritise collection within that extended period and refrain from issuing recovery certificates routinely; Commissioners must ensure compliance with these instructions.
National Defence Gold Bonds, 1980-Transfer of gold after redemption-Date of acquisition of gold for the purpose of capital gains-Instruction regarding
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Date of acquisition rule: redeemed gold treated as acquired on redemption; subsequent sale taxed as capital gain.
Gold received on redemption of National Defence Gold Bonds is treated as acquired on the date of redemption, with cost of acquisition equal to the market value of the bonds on that date; whether gains on a later sale are short-term or long-term depends on the period between that redemption date (acquisition date) and the subsequent transfer.
Payment of bonus-Allowability under section 36(1)(ii) of the Income-tax Act, 1961-Regarding
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Bonus deduction limit clarified: deduction permitted up to statutory bonus payable under Payment of Bonus Act, not confined to minimum
Deduction for bonus or commission under the first proviso to section 36(1)(ii) is limited to the amount payable under the Payment of Bonus Act, 1965. The deduction is not automatically confined to the statutory minimum; any bonus payable within the Act's prescribed minimum and maximum limits is admissible for deduction when computing taxable business income.
Carry forward & set off of losses.
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Carry forward of losses restricted: only losses determined from returns filed within the prescribed time or extended period.
Entitlement to carry forward and set off losses is limited to losses determined pursuant to a return filed within the prescribed time or within any extension granted by the Income tax Officer; the Board's earlier instruction denying carry forward for belated loss returns is confined to assessment year 1984-85, and the amended statutory rule effective 9 April 1985 governs subsequent years.
Applicability of Sec.52 of IT Act & 4(1) of Gift Tax Act in case of transfer of asset for less then adequate consideration.
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Undervalued transfers: treat as understated consideration or bona fide inadequate sale, invoking income tax or gift tax rules accordingly.
Where a transfer for consideration below fair market value reflects an understated consideration (assessee received more than declared), section 52 of the Income-tax Act applies subject to the statutory threshold and without need to quantify exact understatement; where the transfer is a bona fide inadequate consideration, the difference is taxable under section 4(1) of the Gift-tax Act if its conditions are satisfied, and the two regimes should not duplicate tax on the same amount, though either may be invoked protectively.
Clarification regarding exemption of value of leave travel concession under section 10(5) of the Income-tax Act, 1961
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Leave travel concession exemption: full relief for first entitlement in a block; excess on subsequent trips is taxable as perquisite.
Clarification states that employer-provided leave travel concession for travel within India is exempt up to the value of travel to the employee's home district, except where block-based exceptions apply. If entitlement occurs once per block, the concession is fully exempt; if more than once in the block, full exemption is allowed only for the first concession and subsequent concessions are exempt only to the extent of the home-town fare, with any excess treated as a perquisite included in salary income.

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