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    Scope of provision of the section requiring deduction of tax at source from insurance commission explained
    Deduction u/s 80MM - approval of agreements
    Deduction of tax at source--Income-tax deduction from "salaries"--Exemption of House Rent Allowance under section 10(13A) of the Income-tax Act, 1961.
    Affixing the seal of the company on the Form of guarantee to be furnished under section 230 of the Income-tax Act, 1961 - liability of employer for th...
    Mode of valuing the net wealth of a firm/association i.e. whether the net wealth of a firm is to be determined in accordance with the provisions of th...
    Impress upon the Assistant Controllers of Estate Duty the need for looking into the income-tax, wealth-tax and gift-tax records of the deceased to ens...
    Statistics of arrears
    Summons under section 131 of the Income-tax Act, 1961 to an Editor of a News weekly asking for certain particulars in respect of certain articles
    Jurisdiction for authorising a prosecution under section 276(b), 276(d) and 276B
    Notice u/s 139(2) in case of income below rs. 7,500/-
    Time schedule for submission of proposals to the Board
    Contribution to recognised provident fund - Trustees of funds allowed to make provision that payment to nominee will be sufficient discharge of liabil...
    Reopening of assessment u/s 147 - reason to believe
    Non deduction or short deduction of TDS on interest - 194A
    No objection certificate before remittances of income of hte nature of dividends or royalty
    Summary assessment u/s 143(1)
    Inclusion of the lineal descendant's shares for purposes of determining the rate of estate duty - conflicting decisions on constitutional validity
    Withholding of refund u/s 241
    Statement of TDS
    Search - supply of copy of warrant of authorisation.
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Scope of provision of the section requiring deduction of tax at source from insurance commission explained
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Deduction of tax at source on insurance commission requires payers to deduct and remit tax when paying resident individuals.
Section 194D requires deduction of tax at source on payments of insurance commission to resident individuals at prescribed rates, with deduction made at the time of credit or payment; payments to non-residents fall under separate non-resident provisions. Recipients may obtain certificates for lower or nil deduction; deducted tax must be rounded to the nearest rupee, remitted to the Government within one week, and a certificate of deduction issued to the payee. Forms and detailed rules are to be prescribed.
Deduction u/s 80MM - approval of agreements
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Approval authority for section 80MM vested in central tax board; relief denied where other ministries granted approvals.
The statutory authority to approve agreements for claiming deductions under section 80MM vested exclusively in the Central Board of Direct Taxes with effect from 1 April 1972, and approvals granted by any other Ministry after that date are invalid; income-tax officers are instructed not to allow relief under section 80MM where approval was granted by any authority other than the Central Board after that cutoff.
111 - 18-05-1973 Income Tax
Deduction of tax at source--Income-tax deduction from "salaries"--Exemption of House Rent Allowance under section 10(13A) of the Income-tax Act, 1961.
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House Rent Allowance exemption reference corrected; tax deduction from salaries follows the amended rule citation for withholding administration.
The circular corrects an earlier instruction by substituting the incorrect citation "rule 2A of the Income-tax Rules, 1961" with "rule 2A of the Income-tax Rules, 1962," thereby aligning the administrative guidance on deduction of tax at source from salaries and the exemption for House Rent Allowance with the proper regulatory reference for withholding and payroll administration.
Affixing the seal of the company on the Form of guarantee to be furnished under section 230 of the Income-tax Act, 1961 - liability of employer for the tax liability of the employee after his return to India
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Tax guarantee under section 230: employer-signed or authorized unstamped guarantees accepted; guarantee continues after return.
The I.T.O. may accept a Form of guarantee under section 230 without the company seal if satisfied by the Articles of Association, power of attorney or other documents that the signatory is duly authorized. Guarantees are to remain in force until the individual's return and for a further period thereafter, subject to the individual remaining in the country for that period and the company promptly notifying the Income-tax Officer; I.T.O.s must ensure timely recovery of taxes on return.
Mode of valuing the net wealth of a firm/association i.e. whether the net wealth of a firm is to be determined in accordance with the provisions of the wealth-tax Act or in accordance with commercial principals
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Net wealth valuation: whether firm net worth follows Wealth tax Act definitions or commercial accounting principles.
Whether a firm's net wealth for valuing a partner's interest is determined by the Wealth tax Act's definition or by commercial principles under Rule 2(1). Rule 2(1) requires first determining the firm's net wealth on the valuation date and then allocating it among partners; courts differ on whether exclusions in the Act's asset definition apply to that computation. The Board has accepted the view that the Act's definition governs the firm's net wealth for Rule 2 purposes.
Impress upon the Assistant Controllers of Estate Duty the need for looking into the income-tax, wealth-tax and gift-tax records of the deceased to ensure that the estate duty assessment is net at variance with the information available in these records.
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Estate duty record reconciliation: Require checking income, wealth and gift tax files to prevent underassessment and mandate interdepartmental death notification.
Directs Assistant Controllers of Estate Duty to examine deceased persons' income-tax, wealth-tax and gift-tax records to identify valuation discrepancies that could cause underassessment of estate duty, and reiterates that Income-tax and Wealth-tax officers must notify and supply further relevant information to the Assistant Controller upon learning of an assessee's death with significant estate duty potential.
Statistics of arrears
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Recheck of income-tax arrears statistics: annual inspections by Inspecting Assistant Commissioners and Commissioners to ensure correct postings.
A directive requires the Inspecting Asst. Commissioner to inspect Income-tax Officers' offices annually to verify that arrears and collections are correctly posted, using the Head Clerk to assist; Commissioners must select five or six offices already checked and perform a thorough annual inspection to confirm arrears statistics are properly maintained and that necessary action has been taken, and these instructions must be communicated to all officers and staff.
Summons under section 131 of the Income-tax Act, 1961 to an Editor of a News weekly asking for certain particulars in respect of certain articles
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Journalist source protection: tax officers must refrain from summoning newspaper editors over published articles pending legal guidance.
Income-tax officers are directed to refrain from issuing summons under section 131 to editors of newspapers and magazines seeking particulars about published articles, acknowledging journalists' asserted right to refuse disclosure of sources and avoiding actions seen as infringing press freedom; the Board will consult the Law Ministry on broader treatment and issue fresh instructions before any further measures.
Jurisdiction for authorising a prosecution under section 276(b), 276(d) and 276B
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Jurisdiction for tax deduction prosecution: Commissioner over the person responsible must authorise, or separate authorisations if jurisdictions differ.
Jurisdiction for authorising prosecution depends on the person responsible for deduction and payment: for a company that includes the company and its principal officer, and for a firm the firm and its partners. The Commissioner with jurisdiction over that person must authorise prosecution; if the company/firm and the principal officer/partner fall under different jurisdictions, the respective Commissioners must issue separate authorisations.
Notice u/s 139(2) in case of income below rs. 7,500/-
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Notice under section 139(2): send return forms to all persons on the GIR despite periodic notice formula.
The Board directs that, although notices under the notice provision for low-income cases should be issued periodically in accordance with the established formula, forms of return must nevertheless be sent to all cases recorded on the Government Index Register (GIR); officers in each charge are to advise staff accordingly and ensure compliance.
Time schedule for submission of proposals to the Board
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Timely submission of Board proposals: ensure pre-limitation filing and Board clearance for references and appeals.
Proposals for references and appeals must be submitted to the Board in advance of limitation: reference applications under Sections 256(1) and 256(2) four weeks before expiry, and leave to appeal and special leave petitions six weeks before expiry. The Board reiterates that this time schedule is mandatory, disapproves provisional filing before Board clearance, and requires that, except to save limitation in exceptional cases, proposals be cleared by the Board prior to filing.
Contribution to recognised provident fund - Trustees of funds allowed to make provision that payment to nominee will be sufficient discharge of liabilities - Clause (iv) of sub-section (1) read with rules 67A and 101A of Income-tax Rules
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Nominee entitlement: payment to nominee can discharge trustees' liabilities, permitting recognition of trust deeds if rules satisfied.
Trustees of recognised provident funds may include a clause that payment to the nominee or nominees constitutes sufficient discharge of the trustees' liabilities; nominees are entitled to receive the subscriber's balance without automatic requirement of probate or letters of administration, though trustees may require a grant of representation if they deem it necessary; trust deeds with such a payment-discharge provision should not be refused recognition if other rule conditions are satisfied.
Reopening of assessment u/s 147 - reason to believe
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Reason to believe: reopening assessments require concrete prima facie material before issuing notices, not mere suspicion.
Reopening assessments requires an honest and reasonable reason to believe that income has escaped assessment supported by material or prima facie facts; ITOs must state the factual basis in reports and Commissioners must independently satisfy themselves of prima facie grounds rather than mechanically granting sanction, since notices issued on mere suspicion or vague beliefs have been held invalid.
Non deduction or short deduction of TDS on interest - 194A
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Tax Deduction at Source compliance review ordered to assess and rectify non deduction and delayed remittance of interest TDS.
The Board directed an immediate, charge wise review to ascertain the extent of non-deduction, short deduction and delayed remittance of tax at source on interest; the review must assess monitoring and enforcement arrangements, identify omissions and remedial actions taken, propose improvements to ensure proper TDS implementation, and report results to the Board by the prescribed deadline.
No objection certificate before remittances of income of hte nature of dividends or royalty
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No-objection certificate for non-resident dividend and royalty remittances may be issued by assessing tax officers or the Board.
No-objection certificates required by the Reserve Bank for remittance of dividends or royalties to non-residents may be obtained from the assessing Income-tax officer of the recipient; if jurisdiction over the recipient is not determined, the certificate may be obtained from the Income-tax officer assessing the payer or from the Board. Refusal by an Income-tax Officer to issue such certificates as lacking statutory provision is incorrect, and officers must be instructed to process requests expeditiously.
Summary assessment u/s 143(1)
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Summary assessment procedures require issuing assessment order copies and computations with demand notices and prompt delivery.
Summary assessments must include a copy of the assessment computation or a standard assessment order when delivered with demand notices, challans or refund vouchers. Where returns are modified the prescribed proforma showing additions, deletions or exempt treatment must be used; where returns are accepted a stamp indicating assessment under the summary procedure may be affixed. These assessment documents should be sent with payment/refund documents and delivered to the assessee within a short prescribed period after completion.
Inclusion of the lineal descendant's shares for purposes of determining the rate of estate duty - conflicting decisions on constitutional validity
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Inclusion of lineal descendants' shares: conflicting constitutional views prompt departmental instructions to rely on the validating precedent and pursue appeals.
Inclusion of lineal descendants' shares in calculating the estate duty rate under section 34(1)(c) is disputed on equal protection grounds, with conflicting high court decisions. The revenue board instructs officers to notify the decision upholding inclusion, to rely on that decision in appeals where the contrary view is invoked, to note that tax authorities cannot pronounce on constitutional validity, and to pursue appeals or references against appellate decisions following the opposing judgment.
Withholding of refund u/s 241
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Withholding of refund: ordinarily issue refunds per appellate order before forwarding cases for departmental appeal.
The Board directs that refunds under section 241 ordinarily should not be withheld merely because case records are forwarded for departmental appeal; effect should be given to an appellate order and the refund issued before sending the case up for departmental appeal, withholding only when strictly necessary.
Statement of TDS
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TDS compliance requires filing the prescribed statement reporting dividend tax deductions within the statutory filing period.
Persons deducting tax at source from dividends under Section 194 must send a prescribed statement (Form No.26) to the Income-tax Officer assessing the company. That statement must be furnished within fourteen days of the date of deduction, and authorities have directed strict enforcement of this timing requirement.
Search - supply of copy of warrant of authorisation.
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Search warrant copy: ordinarily the warrant is produced at search, not supplied; certified copy obtainable and court directions prevail.
The warrant issued by a Magistrate is a public document and a certified copy may be obtained from the custodian on payment of legal fees; the Criminal Procedure Code requires production of the warrant to the person concerned in specified cases but does not mandate supplying a copy in every instance, so ordinarily the warrant is produced during the search and a copy need not be furnished, although any High Court direction to supply a copy must be complied with.

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