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    Section 144B - pre assessment directions - power
    Proper investigation while arriving at the valuation of the shares of this company.
    Approval of agreement under which assessee-company receives royalty, etc., from Government of foreign State or foreign enterprise, which is eligible f...
    Denial of income-tax clearance certificate to contractors on levy of penalty for concealment and/or conviction - Guidelines therefor
    Whether the outstanding fees of lawyers should be exempted from tax - wealth tax
    Exemption limit of income raised from Rs. 6,000 to Rs. 8,000 by Finance (Amendment) Act, 1975 - Employers permitted to make adjustments of tax deducte...
    Clubbing of income - section 64 - spouses
    whether relief u/s 80J of the Income-tax Act, 1961, is admissible in a case where there is an expansion of an existing industrial unit
    Proper investigation while arriving at the valuation of the shares of Testeels Ltd.
    Clarification - Voluntary Disclosure of Income and Wealth (Amendment) Ordinance, 1975
    Refunds/adjustment of the amount due under other Tax Credit Certificate Schemes.
    Examination of the various defects noticed in the maintenance of D&CR including those pointed out by the Revenue Audit and communicated vide Board's l...
    TDS - The time and mode of payment to Government account of tax deducted at source
    Wealth tax - married individual in Goa, Daman and Diu, who is governed by the system of community of property and who has not entered into an antenupt...
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    Section 35(i)(ii) - sum paid to a scientific research association - weighted deduction of 1 1/3 times in the hands of contributors to sponsored resear...
    cases where the assessee has not been able to establish the cost of acquisition by means of any satisfactory evidence, sale price upto Rs. 50,000 may ...
    Calculation of interest u/s 119A - period, round off, month, whole month
    Deduction of tax at source--Income-tax deductions from salaries during 1975-76
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    Circulars
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    Section 144B - pre assessment directions - power
    Show AI Summary
    Pre-assessment directions require draft assessment and binding Inspector review when substantial proposed additions prompt objections and hearing.
    Section 144B empowers the Inspecting Assistant Commissioner to issue pre-assessment directions where proposed additions or disallowances in a draft assessment exceed a Board fixed threshold; the Income tax Officer must serve a draft order, the assessee may object within seven days (with a limited extension), objections are forwarded to the Inspecting Assistant Commissioner who examines records, gives a hearing if directions would be prejudicial, and issues directions that are binding on the Income tax Officer. The Board may fix and vary the monetary threshold and set different amounts by area.
    Proper investigation while arriving at the valuation of the shares of this company.
    Show AI Summary
    Share valuation guidance requires assessing officers to conduct proper investigation when market quotations are inconsistent.
    Board recorded inconsistent Bombay Stock Exchange quotations for New City Mills on 29 March 1975 and an Exchange addendum correcting the official list; assessing officers are to be informed and to make a proper investigation when arriving at the valuation of the company's shares, verifying market quotations before determining tax-related valuations.
    Approval of agreement under which assessee-company receives royalty, etc., from Government of foreign State or foreign enterprise, which is eligible for deduction under the section - Guidelines therefor
    Show AI Summary
    Royalty deduction eligibility clarified to include trademark payments and permit approvals with allocations for composite agreements.
    Approval under section 80-O provides concessional tax treatment for royalty, commission, fees or similar payments from foreign governments or enterprises, subject to Board approval, bona fides, and assessment determination. Trademark payments are within the scope of royalty. Composite agreements may receive approval with suitable disallowance for non qualifying elements so that the qualifying portion may be exempted. The concession is conditional on receipt in convertible foreign exchange, restricted to Indian companies prospectively, and requires submission of a standard application with supporting agreement documentation.
    Denial of income-tax clearance certificate to contractors on levy of penalty for concealment and/or conviction - Guidelines therefor
    Show AI Summary
    Denial of income tax clearance for contractors penalised or convicted enforces a time bound bar from government contracting.
    Denial of income-tax clearance certificates is required for contractors penalised for concealment or convicted for specified tax or related offences on or after April 1, 1975; the prohibition period is three years reckoned from the date of the penalty order (or its confirmation on appeal) or from the date of conviction, with the earlier of conviction date or tribunal confirmation governing where both penalty and conviction proceedings occur. The amended clearance form requires detailed five year assessment and contract receipt disclosures, verification by the Income tax Officer, and certification that the prohibition period has expired before a certificate is issued.
    Whether the outstanding fees of lawyers should be exempted from tax - wealth tax
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    Exemption of outstanding lawyers' fees under wealth tax: assessments to be kept pending until further administrative instructions.
    The Board is considering whether outstanding lawyers' fees should be exempt from wealth tax and directs that any wealth-tax assessments raising this issue be kept pending; Wealth-tax officers must be informed and no final action taken until further instructions from the Board.
    Exemption limit of income raised from Rs. 6,000 to Rs. 8,000 by Finance (Amendment) Act, 1975 - Employers permitted to make adjustments of tax deducted at source against tax deductible from salaries
    Show AI Summary
    Exemption limit increase allows employers to adjust previously deducted tax at source to relieve affected employees.
    As a limited administrative concession for the financial year 1975-76, non Government employers may, as a special case, adjust excess tax deducted earlier on employees whose annual taxable salary will fall below the revised exemption limit by reducing subsequent monthly tax deductions by the computed excess. Employers must determine the excess, revise earlier Form No. 21 returns, deposit tax as required, furnish certificates confirming reimbursement or adjustment, and indicate the adjustments on individual tax deduction certificates.
    Clubbing of income - section 64 - spouses
    Show AI Summary
    Clubbing of income: transfers purportedly satisfying deferred dower during marriage treated as gifts and aggregated for tax.
    Prompt dower payable on demand is an actionable debt and transfers in its satisfaction are for adequate consideration, not gifts; unregistered transfers of immovable property remain ineffective. Deferred dower does not constitute a present debt during marriage and cannot be converted into a prompt obligation; transfers during subsistence of marriage in satisfaction of deferred dower are treated as gifts, subject to income clubbing and wealth tax aggregation and may attract gift tax, and tax officers should take action and review past cases accordingly.
    whether relief u/s 80J of the Income-tax Act, 1961, is admissible in a case where there is an expansion of an existing industrial unit
    Show AI Summary
    Deduction under Section 80J limited to newly established industrial undertakings; expansions do not qualify unless a new undertaking is formed.
    The Board, in consultation with the Ministry of Law, instructs that a clear legal distinction exists between a new industrial undertaking and expansion of an existing unit; deduction under Section 80J is allowable only when it is established that a new industrial undertaking has been formed, and assessing officers must scrutinise facts carefully before granting the relief.
    Proper investigation while arriving at the valuation of the shares of Testeels Ltd.
    Show AI Summary
    Market price reliability: expunged special-term stock transactions should not determine share valuation; assessing officers must investigate.
    Quoted trades in Testeels Ltd. on 29/3/75 were executed on special terms and have been treated as expunged by the Ahmedabad Stock Exchange; those quotations do not reflect the correct market price and should not be taken into account for share valuation. Assessing officers are directed to undertake proper investigation and to disregard the expunged special-term transactions when arriving at the valuation of the company's shares.
    Clarification - Voluntary Disclosure of Income and Wealth (Amendment) Ordinance, 1975
    Show AI Summary
    Voluntary disclosure of income secures immunity for disclosed amounts if procedural conditions and investment requirements are met.
    Entries in Form A column 6 must show the extent to which voluntarily disclosed income is represented by assets and must total the declared income; appreciation need not be declared. The Ordinance's immunities attach only to the voluntarily disclosed income. Section 3(1) declarations are permitted where no seizure occurred during a search, but where a seizure led to an officer's computation after search, disclosures for those years must proceed under the alternate procedure in section 14(1). A factual certificate under section 8(2) is issued only after full tax payment and required investment in notified securities.
    Refunds/adjustment of the amount due under other Tax Credit Certificate Schemes.
    Show AI Summary
    Tax credit certificate loss in tax office: allow refund or adjustment without demanding duplicate, ensure no double credit.
    If an assessee has duly produced a Tax Credit Certificate before an Income-tax Officer but the certificate is later lost in the Income-tax Office, paragraph 15's duplicate-certificate rule-meant for losses attributable to the assessee-does not apply; the officer should allow adjustment or refund without requiring a duplicate, after ensuring the correct amount is paid and that no duplicate credit or refund is given. The same rule applies to other Tax Credit Certificate Schemes.
    Examination of the various defects noticed in the maintenance of D&CR including those pointed out by the Revenue Audit and communicated vide Board's letter dated 22-8-1975
    Show AI Summary
    D&CR test check scope expanded to inspect maintenance defects and require annual reporting by responsible officers.
    The Board enlarged the scope of test check of D&CR maintenance to include defects noted by Revenue Audit; the proforma has been amended. I.A.Cs. must extend test checks to all D&CRs in their charge, confined to a suitable percentage of entries, and submit the amended proforma report to the Board annually by 31st December.
    TDS - The time and mode of payment to Government account of tax deducted at source
    Show AI Summary
    Time and mode of payment of TDS: quarterly concession restricted; large employers must remit monthly and concessions withdrawn.
    Income-tax rules require prompt remittance of tax deducted at source for salaries, permit quarterly payment only with prior approval of the Inspecting Assistant Commissioner as an administrative concession for small employers, and require monthly deduction returns which the Commissioner alone may waive; officers must not grant quarterly payment to employers with significant monthly deductions, must withdraw improper concessions, and should direct employers to apply to the Commissioner for any waiver of monthly return obligations.
    Wealth tax - married individual in Goa, Daman and Diu, who is governed by the system of community of property and who has not entered into an antenuptial agreement of the nature referred to therein
    Show AI Summary
    Community property assessment: spouses assessed on individual shares and each spouse entitled to wealth tax exemptions.
    A married person under the community of property regime in Goa, Daman and Diu without an antenuptial agreement must be assessed for wealth tax on his or her individual share of communal property, and wealth-tax exemptions are admissible to each spouse separately as individuals.
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    Show AI Summary
    Voluntary disclosure immunity ensures Companies Act penal provisions and information-gathering will not be invoked after a valid disclosure.
    A company making a declaration under the Voluntary Disclosure of Income and Wealth Ordinance, 1975 receives immunity from penal provisions of the Companies Act for matters arising from that voluntary disclosure, and the Companies Act will not be invoked to collect information about the accounting periods to which the disclosed income relates.
    The Voluntary Disclosure of Income and Wealth Ordinance, 1975-Clarifications regarding
    Show AI Summary
    Voluntary disclosure permits any person to declare income with secrecy protections, subject to search-year limits and securities rules.
    Any person may make a declaration under the Ordinance and section 12's secrecy applies; Form A must show only assets representing declared income without stating nature or source. Multiple declarations by the same individual are permitted when they concern different taxable entities, but only one declaration should cover a given person's undisclosed income. Declarations cannot relate to the previous year in which a search and seizure occurred or earlier years, though declarations for subsequent years and separate seized-year declarations under another provision are possible. Seized cash may be adjusted toward declared tax only after the requisite seizure-order is passed. A firm's declaration under the seizure-linked provision covers only the firm's tax, partners being assessed normally. If half the tax is paid in cash, a bank guarantee or Government securities must secure the balance. Notified Government bonds purchased as required are non-negotiable and may pass to heirs or successors under law.
    Section 35(i)(ii) - sum paid to a scientific research association - weighted deduction of 1 1/3 times in the hands of contributors to sponsored research programmes approved by the prescribed authority u/s 35(2A).
    Show AI Summary
    Weighted deduction for contributors to approved sponsored research programmes requires strict account review and referral for fund misuse.
    Payments to approved scientific research associations, universities, colleges or institutions are deductible when approved by the prescribed authority, and contributors to authorised sponsored research programmes may claim a weighted deduction of one and one-third times; approval is time-limited and subject to periodic review, and Income-tax Officers must examine accounts for proper application of funds and refer deviations to the prescribed authority through the Board.
    cases where the assessee has not been able to establish the cost of acquisition by means of any satisfactory evidence, sale price upto Rs. 50,000 may be taken as capital
    Show AI Summary
    Capital gains valuation: treat a prescribed de minimis sale price as deemed cost when acquisition cost is unproven.
    Where an assessee cannot establish cost of acquisition by satisfactory evidence, the Board directed that the sale price up to a prescribed de minimis amount be treated as the cost for computing capital gains; if the actual cost is satisfactorily proved to exceed that amount, the proved cost must be substituted. The Board clarified that the de minimis amount is a fallback deemed cost and must not be allowed in addition to a proved actual cost, and instructed officers to correct prior misapplication.
    Calculation of interest u/s 119A - period, round off, month, whole month
    Show AI Summary
    Interest calculation rule: new rule applies only to periods after the effective date and requires rounding to whole months.
    Applicability of Rule 119A is confined to periods on or after the effective date; interest for periods up to and including 31 December 1974 must be calculated as if the new rule did not exist. Outstanding arrears on the effective date may be subject to the new rule, but only for the portion of the period after that date. The rule mandates rounding the period to whole months, ignoring any fractional month however long.
    Deduction of tax at source--Income-tax deductions from salaries during 1975-76
    Show AI Summary
    Deduction of tax at source: repayments from compulsory additional emoluments are deemed salary in arrears and subject to withholding.
    Amounts credited to an employee's Additional Wages or Additional Dearness Allowance Deposit Accounts are excluded from total income when credited, but amounts repaid are deemed to be salary paid in arrears for income tax computation; consequently, tax must be deducted at source on such repayments in accordance with the Ministry's Circular No.161 as amended by Circular No.176.

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