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Circulars
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Quality of assessments completed by the Assessing Officers during financial year 2012-13
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Quality assessments review requires compilation and submission of selected scrutiny cases highlighting substantive tax issues and resulting revenue impact.
Directs CCsIT/DGsIT to compile at least fifty quality scrutiny assessments using the annexure format, showing officer, assessment section, selection criteria, significant issues, concealment/disallowance amounts, penalty/prosecution status, and CCIT/DGIT comments; consolidated compilations with orders are to be routed via CCIT(CCA) to the Zonal Member and a copy sent to Member (IT), with submissions also provided to Appraisal Committees for inclusion in 'Let us Share'. Exclusion and inclusion criteria and caution against routine or summary additions are specified.
SECTION 143 OF THE INCOME-TAX ACT, 1961 - ASSESSMENT - PROCESSING OF RETURNS FOR A.Ys. 2010-11 & 2011-12 GETTING TIME-BARRED ON 31-3-2013 ON ONLINE TMS IN ITD APPLICATION
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Online TMS access for processing tax returns with PAN migration or de duplication issues to prevent time bar expiry.
Extension of Online TMS permits Assessing Officers to process returns time barring due to PAN migration, deletion, de duplication or restoration by entering and processing returns across jurisdictions until integration into AST is commanded by the jurisdictional AO; processing remains prohibited for invalid or absent PANs or name mismatches, with procedures set out in the user manual and support via Co desk.
Circular on conditions relevant to identify development centres engaged in contract R&D services with insignificant risk
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Contract R&D insignificant risk: criteria defined for Indian development centres; conduct, control, assets and ownership determine transfer pricing treatment.
An Indian development centre may be treated as a contract R&D service provider with insignificant risk only if all five cumulative conditions are met: the foreign principal performs economically significant R&D functions while the Indian centre performs economically insignificant functions; the principal provides funds and economically significant assets including intangibles and the Indian centre does not use such assets; the principal actually supervises and controls core activities; the Indian centre bears no economically significant realised risks; and the Indian centre has no legal or economic ownership of research outcomes, with conduct prevailing over contractual terms.
Circular on application of profit split method
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Profit split method selection requires adequate transfer pricing data; reasons must be recorded if PSM cannot be applied before using alternatives.
PSM is suited for transfer of unique intangibles or interrelated transactions and allocates returns based on relative contributions; cost based methods tied to R&D costs are generally discouraged. Application of PSM depends on transaction nature, functions, assets, risks, and critically on availability, coverage and reliability of data. If a Transfer Pricing Officer concludes PSM cannot be applied due to data deficiencies, the officer must record reasons for non applicability before considering TNMM or CUP, and taxpayers are required to maintain prescribed documentation, so lack of information requires good and sufficient reason.
U/s 245 of Income Tax Act 1961 - SET OFF OF REFUNDS AGAINST TAX REMAINING PAYABLE - DIRECTIONS OF HON'BLE DELHI HIGH COURT IN THE WRIT PETITION (CIVIL) NOS. 2659 & 5443 OF 2012 - ORDER DATED 14-03-2013
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Set-off of refunds under Section 245 requires prior intimation and an opportunity to reply before any adjustment.
Adjustment of refunds against outstanding demands must follow the procedural safeguards under Section 245: CPC, Bengaluru issues prior intimation; the assessee may file a response to the Assessing Officer named in that intimation; the Assessing Officer must examine the reply and, if an adjustable demand is found, communicate findings to CPC, Bengaluru, which will then process the refund and effect any adjustment.
Seek information under DTAAs/TIEAs/Multilatcral Convention, as per guidelines provided in the Manual on Exchange of Information
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Exchange of information obligations: precisely framed requests and timely responses are required to secure effective bilateral tax cooperation.
Officers must use the Manual on Exchange of Information to seek information under DTAAs, TIEAs and the Multilateral Convention, framing requests precisely, monitoring responses, supplying timely clarifications to foreign authorities, prioritizing incoming treaty requests, meeting prescribed timelines, and providing feedback on the usefulness of information and the Manual's operation.
Reporting and accounting of collection of Direct Taxes (CBDT) and Indirect Taxes (CBEC) and transactions of Departmentalized Ministries at the Receiving/Nodal/Focal Point branches of Bank
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March residual transactions reporting requires separate, sequential scrolls and segregated accounting to record year end government receipts correctly.
Banks must adopt special messenger or courier arrangements at receiving branches so that challans/scrolls for payments and collections made at year end are passed to Nodal/Focal Point branches without delay. Nodal/Focal Point branches shall segregate, daily, all scrolls pertaining to the prior financial year received in April and prepare distinct, sequentially numbered main scrolls marked as March Residual, report them separately to departmental officers and to the bank Link Cell for settlement with the Reserve Bank, and submit separate statements for residual and current transactions.
Income Tax Offices through out India shall remain open and the receipts counters shall also work during normal office hours on 30th and 31st of March 2013. - Order Under Section 119(1) of the Income tax Act, 1961
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Administrative directive keeps income tax offices and receipt counters open for year end filings and additional counters arranged.
Order under Section 119 directs all Income Tax offices and receipts counters to remain open during normal office hours on the specified year end weekend to facilitate filing of returns and related taxpayer work; additional receipt counters should be opened where necessary and the arrangement widely publicised as an administrative convenience.
Cases before the Settlement Commission: Full and True disclosure of Income u/s 245C and Immunity u/s 245H
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Full and true disclosure requirement challenged by piecemeal offers, prompting directives for stricter departmental scrutiny.
Section 245C requires a full and true disclosure of undisclosed income and its manner of derivation as a precondition for the Settlement Commission; observed practices of piecemeal disclosures, post admission additional offers, year selective disclosures, capitalization without evidence, and improper set offs undermine that requirement and have led to grants of immunity under section 245H without recorded satisfaction of the cumulative conditions. Officers must make robust Rule 9 reports, ensure Commission satisfaction on disclosure and derivation before immunity is granted, and take prompt remedial or legal action where orders contravene statutory requirements.
FINANCE MINISTRY'S CLARIFICATION ON TAX RESIDENCY CERTIFICATE (TRC)
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Tax residency certificate accepted as proof; authorities will not challenge resident status when claiming DTAA benefits.
A Tax Residency Certificate with prescribed particulars is required to claim DTAA benefits; it is necessary but not automatically sufficient. The government clarifies that a TRC produced by a resident of a contracting state will be accepted as evidence of residency and Indian tax authorities will not go behind the TRC to question resident status when DTAA benefits are claimed.
FINANCE BILL, 2013 - PROVISIONS RELATING TO DIRECT TAXES
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Direct tax restructuring: new commodities transaction tax, revised withholding rules, targeted incentives and strengthened anti avoidance regime.
The Finance Bill, 2013 amends direct tax laws to set income tax rates and surcharges, revise withholding rules, introduce a Commodities Transaction Tax with deductibility for business income, raise withholding on royalties and fees to non residents, provide targeted incentives (including an investment linked deduction for new plant and machinery and a first home interest deduction), extend and rationalise exemptions and pass through treatments for investment funds and securitisation trusts, widen the tax base through TDS on property transfers and anti avoidance measures, and defer and tighten the General Anti Avoidance Rule with an expert Approving Panel whose directions are binding.
Gold Deposit Scheme
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Gold Deposit Scheme expansion allows mutual funds and gold ETFs to deposit qualifying physical gold under modified operational rules.
The Gold Deposit Scheme is amended to allow Mutual Funds and Gold ETFs to deposit physical gold, to recognise dematerialised Gold Certificates transferable under depository rules, to exempt LBMA compliant gold from destructive assay when accompanied by acceptable certification, to permit Trusts as depositors, to change deposit maturities to six months through seven years, and to require banks to inform RBI and report consolidated monthly mobilisation and deployment using the prescribed annexure.
Standard Operating Procedure (SOP) for handling Suspicious Transaction Reports (STRs).
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Suspicious Transaction Report handling: establishes standardized procedures for assignment, verification, investigation and reporting under income tax administration.
SOP requires maintaining an electronic searchable register of STRs with specified fields and mandates transfer of STRs to jurisdictional DITs within a prescribed short period; DITs must check prior STR history, assign related STRs to the same Addl/Joint DIT, and Addl/Joint DITs must triage, assign investigations, segregate search fit cases, and complete assignment steps within the prescribed timeframe while using internal databases for verification before issuing summons or notices.
Government Once again urges all Tax Payers to Disclose their true income and pay Appropriate Taxes within the Current Financial Year
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Tax compliance data matching prompts targeted notices to non-filers to secure return filing and tax payment.
A business intelligence data matching exercise using AIR codes, CIB data, TDS/TCS returns and Cash Transaction Reports identified non-filers for targeted follow up; individualized summary notices are being sent, a Nodal cell will capture responses, and an online monitoring system will track return filing and tax payment to secure voluntary disclosure and compliance.
U/S 261 of the Income Tax 1961 - Finance Minister's directions on filing of SLP in Supreme Court - Drafting of SLP & framing proper substantial question of law
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Substantial Question of Law: ensure precise drafting and departmental assistance when proposing special leave petitions.
Directives mandate that the Substantial Question of Law be clearly drafted to reflect the statutory controversy as raised in the courts below; field officers must assist law officers and drafting counsel. When drafting is assigned by the Central Agency Section, the CIT/DIT must provide assistance, vet and approve the final SLP draft by e-mail within two days, and coordinate with nodal officers. For matters admitted and converted to civil appeals, the CIT/DIT must prepare a factual/legal brief once the case appears in the advance cause list and send a soft copy to the Directorate within fifteen days.
Centralisation of search cases
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Centralisation of search cases: require prompt proposals, reasoned show cause notices, and safeguards against limitation and asset dissipation.
The Investigation Directorate must initiate centralisation of search cases immediately, sending proposals and lists to the Central charge within thirty days. Draft show cause notices must be prepared for cases proposed to be centralized outside the jurisdiction, with specific reasons and opportunity to be heard; jurisdictional officers must pass speaking orders. Connected cases lacking investigative potential should generally not be centralized and must be decided by the time the appraisal report is sent. Where centralisation is delayed by litigation or stays, authorities must protect limitation, prevent asset dissipation, consider proceeding in the original jurisdiction, and pursue vacation of stays.
Convention and Protocol between the Government of the Republic of India and the Government of the Kingdom of Sweden
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Exchange of information expanded to permit banking data and limited non tax use, and cross border tax examinations authorized.
The Amending Protocol to the India-Sweden DTAC replaces the exchange-of-information Article to permit exchange of banking information and information without domestic interest, and allows use of supplied information for non tax purposes with the supplying State's approval. The Protocol also adds an Article enabling officials of one State to enter the other State to assist in conducting tax examinations abroad, thereby expanding mutual administrative and investigative assistance under the Convention.
Supersession of instruction no. 1857, dated 19-9-1990 - Vesting of property in central government - Disposal of properties acquired property be referred to Valuation Cell of the Department
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Reserve price determination requires Valuation Cell valuation; Appropriate Authority fixes reserve price, reductions need prior Board approval.
Procedure requires referral of acquired property to the Department's Valuation Cell for a Detailed Valuation Report with at least three comparable sales; the Appropriate Authority shall set the reserve price based on that report, and any proposal to fix it below the Valuation Cell's valuation must be submitted to the Board with detailed reasons; the determined reserve price has a limited validity period.
Delay in filing of SLP in Supreme Court - fixing of responsibility
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Delay in appellate petition filing now requires named officer responsibility for late submissions under SOP.
An instruction identifies systemic delays in appellate petition filings and directs that if a petition proposal reaches the legal directorate more than ninety days after judgment, the CCIT/DGIT must fix responsibility and the proposal must name the officer(s) responsible, to enforce SOP filing standards and internal accountability.
Action to be taken on E-filed ITRs of A.Y. 2012-13 pending for processing at CPC having refund greater than or equal to Rs. 10 Lakhs
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Refund verification required: assess and upload or reconfirm demands so electronic refunds align with outstanding tax liabilities.
Assessing Officers must verify e-filed returns with high-value refunds to determine whether outstanding demands exist and upload any such demands to CPC-FAS; where refunds already accompany uploaded demands, Assessing Officers must reconfirm or update those demands so that CPC can adjust refunds against outstanding demands. Chief Commissioners of Income Tax must monitor, certify completion within twenty-one days, and file compliance reports to Zonal Members with copies to CIT(CPC) Bengaluru and DIT(S)-III, failing which returns will be processed at CPC Bengaluru.

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