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Circulars
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Ammendments in different acts.
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Applicability of estate duty amendments: lack of state legislative resolution caused cessation of those amendments in Punjab.
Section 5A(2) specified that Emergency-era amendments to the Estate Duty Act would apply to agricultural lands in certain States and to other States only after their legislatures passed required resolutions and Central Government notification. Punjab did not pass the requisite resolution and notified the Central Government that no action was necessary, resulting in the cessation of those amendments' effect for agricultural lands in Punjab. Assessing Officers are to be informed of this limited applicability.
Guarantee to be used in a case where a person did not clear his tax liabilities.
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Guarantor liability: statutory demand converts guarantor into an assessee, enabling Second Schedule tax recovery on non payment.
Where a guarantor has agreed an on demand obligation co extensive with the principal debtor's liability, the Income tax Officer must make a statutory demand; after such demand the guarantor is treated as an assessee, and if he fails to pay the Income tax Officer may initiate recovery under the Second Schedule as if the guarantor were the defaulter, with the Tax Recovery Officer empowered to take coercive measures under the guarantee bond.
Report of P.A.C. and their possible implications.
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Coordination among tax and enforcement agencies enhances oversight of government foreign purchases to prevent exchange leakage.
Absence of effective interdepartmental coordination in oversight of agency commissions payable to domestic agents of foreign suppliers can facilitate leakage of foreign exchange and evasion of taxes. The Board directs that meetings of Zonal, Regional and Headquarters Coordination Committees be fully utilised to initiate and ensure coordination in cases involving large-scale purchases from foreign suppliers, so that action by one department does not run counter to that of another.
Requirement of recording reasons in making order of transfer.
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Recording of reasons for transfer: prior show-cause and communication to the assessee are required for valid transfer orders.
Transfer of assessment files requires prior opportunity to show cause and recorded reasons enabling the assessee to make submissions; a proper transfer order must be made after considering objections and the order and its reasons must be communicated to the assessee, and internal file notes alone do not satisfy this requirement.
Leave petitions for appeals to Supreme Court refused by High Courts accepted by Board.
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Leave petitions refused by High Courts: Board accepts non-appeal classifications and directs dissemination of case summaries.
Board instruction organises High Court tax decisions into Statements B, C and D to record respectively: decisions not accepted but not appealed for specified reasons; decisions not accepted where appeals have been filed in the Supreme Court; and lists where leave petitions were refused by High Courts (accepted by the Board) and where special petitions were not granted. It also discontinues Statement A and directs prompt circulation to officers and authorised representatives.
Interest u/s 215 , 217 calculated from first day of April.
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Interest under sections 215 and 217 is chargeable only up to the date of the original assessment despite subsequent reassessments.
Interest under sections 215 and 217 is computed from the first day of April next following the previous year up to the date of the regular assessment; where an original assessment is cancelled under section 146 or set aside and a fresh assessment framed, interest is chargeable only up to the date of the original (first) assessment, since the statutory reference to the regular assessment refers to the initial assessment on the return, distinct from later reassessments.
Clarifications of Board's Instruction No. 885.
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Assessment revision guidance advises continuing existing instruction, pausing appeals and proceedings pending higher court and legal opinion.
Department should not itself revise completed assessments made under the Madras High Court decision but leave revision to assessees; appeals should, where possible, be kept pending until higher court determination; continue to apply Instruction No. 885 to pending assessments until the Supreme Court judgment or any Attorney General opinion requires change; where reopening was initiated before Instruction No. 885 keep proceedings in abeyance, but if limitation or other good cause prevents delay, complete assessment per the Madras High Court decision while suspending recovery of any excess demand.
Credit of the amount declared u/s 3(1), VD Act 1976.
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Declaration under section 3(1): declared income is excluded from assessment once tax is paid and prescribed investment is made.
Income-tax officers must maintain a confidential register and separate declarant-wise confidential folders in their personal custody recording intimations of credit for amounts declared under section 3(1); when income is excluded from computation because of a declaration, a confidential note under the assessment order must indicate particulars and refer to the confidential folder. A certificate under section 8(2) is factual and issued only after full tax payment and requisite investment in notified Government securities; ITOs must verify admissibility and exclude validly declared amounts. Investment after thirty days or delayed tax payment does not invalidate a declaration, and declarants retain immunities for time-barred years if prescribed conditions are met.
Penalty on tax payers who fail to make Compulsory Deposits.
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Penalty classification for compulsory deposit defaults: credit to administrative receipts head and use existing tax challan.
Penalty for failure to make deposits under the Compulsory Deposit Scheme is to be credited to account head "065- Other Administrative Service- Other Services - Other Receipts." Payments will be made using the existing non-company assessment challan, indicating that classification and scoring out the pre-printed major head in red ink; no separate challan is required.
Any person who offers to purchase property at a particular amount should not be asked to make any deposit or furnish any bank guarantee.
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Prohibition on deposits or bank guarantees to prove bona fides of post-sale purchase offers; such measures should not be required.
Authorities should not require a complainant or any person offering to purchase a property after registration to make a deposit or furnish a bank guarantee solely to demonstrate the bona fides of the offer, because such post-sale deposits do not reliably establish the market value on the date of registration and may create unnecessary complications.
Computation of profits in case of non-resident shipping companies.
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Shipping profits relief under DTAs applies at ad hoc assessment stages, subject to restrictions for occasional shipping.
Non resident shipping companies covered by certain Double Taxation Agreements are entitled to a reciprocity reduction of Indian tax on profits from international shipping. Some DTAs preserve domestic ad hoc assessment rules for occasional shipping or tramp steamers, postponing the reduction until adjustment under the statutory final assessment mechanism; in DTAs without that restriction the specified reduction applies even at the ad hoc assessment stage prior to ship departure.
Allowance of development rebate-Clarification regarding
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Development rebate reserve requirement narrowed; only the substitution of other statutory reserves is disallowed, other concessions retained.
Circular No.189 clarifies that the Supreme Court decision in Indian Overseas Bank supersedes only the Board's earlier instruction that certain statutory reserves could stand as a development rebate reserve. The Board affirms that the prior positions that no statutory reserve is required when income before rebate is a loss, and that genuine non-deliberate deficiencies may be condoned if rectified by creating an adequate reserve in the assessment year, remain operative; field officers' broader withdrawal of those positions was incorrect.
No delay in disposal of applications for No Objection/Tax Clearance Certificates.
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No Objection/Tax Clearance Certificates: timely disposal required to avoid delays in remittances and supervisory checks mandated.
Directive requiring prompt disposal of applications for No Objection/Tax Clearance Certificates for remittances of lump-sum know how fees, with supervisory officers instructed to conduct periodical checks to ensure compliance and prevent avoidable delays in certificate issuance.
Legal ownership of the trust property vests in the trustees.
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Trust legal ownership bars house-property exemption for a beneficiary's life interest under the wealth tax framework.
The Board instructed that legal ownership of trust property vests in trustees, so a beneficiary's life interest in a trust-held house does not constitute ownership and therefore the house-property exemption under the Wealth-tax Act is not allowable for that life interest.
Notifications No. S.O. 225(E) dated 30th March, 1974, and S.O. 153(E) dated 25th March, 1975, issued under rule 6(b) of Part A of the Fourth Schedule to the Income-tax Act, 1961-Instructions regarding
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Exemption for provident fund interest applies prospectively; enhanced prescribed rates exempt only amounts credited after notification takes effect.
Interest credited to an employee's account in a recognised provident fund is exempt from income tax subject to the ceiling of one third of salary or the rate prescribed by the Central Government under the Fourth Schedule. Notifications increasing the prescribed rate operate prospectively; exemption at an enhanced prescribed rate applies only to interest amounts credited to individual accounts on or after the notification's effective date.
Disciplinary action in cases where refund voucher not issued within seven days of passing of order.
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Issuance of refund vouchers must meet prescribed timelines or disciplinary action applies; inspectors must certify and explain any delays.
Disciplinary action is to be initiated where refund vouchers are not issued within seven days of the passing of the order except under exceptional circumstances; Inspecting Assistant Commissioners are responsible for enforcing the instruction and must furnish monthly certificates to Commissioners confirming no unexplained delays and explaining any instances of delay.
Direct Taxes Enquiry Committee for filing of returns of income.
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Centralised receipt of income tax returns: establish counters per tax circle to accept posted or messenger delivered returns.
Centralised counters must be established in city charges for each Income tax Circle or District and equivalent arrangements in mofussil tax circles; these counters shall receive returns sent by post or by messengers, and Commissioners of Income tax are required to implement these arrangements by the prescribed effective date.
Directions to manufacturers regarding class or specifications of cloth.
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Levy for failure to meet textile packing quotas treated as penalty, not allowable deduction; assistance is taxable.
Payments by textile producers for failure to meet prescribed packing or production minima under the Cotton Textile(Control) Order, 1948 are characterised as a penalty and are not allowable as deduction u/s 37, whereas cash assistance paid for excess packing is a revenue receipt and must be included in taxable income. The Board directs review of completed assessments for specified concerns (2 May 1968-31 May 1971) to recover disallowed deductions and include excluded assistance, with a report due by 31 January 1976.
Assessment of income from royalties, fees for technical services. know-how fees.
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Scrutiny of foreign royalty and technical service expense claims - enhanced verification and commissioner review required where excessive.
Expense claims by foreign collaborators for royalties, technical service fees and know how must be subject to in depth scrutiny; assessing officers should consider alternative computation methods where appropriate. If claimed expenses exceed one third of gross receipts from royalties or technical service fees, the Commissioner of Income tax must review the case and advise assessing officers. Assessment recordkeeping for foreign companies should be improved, with remedial measures implemented and attention from newly created IAC ranges.

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