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Deduction of tax at source--Section 194BB of the Income-tax Act, 1961--Income by way of winnings from horse races--Financial year 1980-81
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Deduction of tax at source on horse-race winnings: bookmakers must withhold at prescribed rates and remit timely.
Bookmakers and licensed racing payors must deduct tax at source on horse-race winnings above the statutory threshold at rates prescribed by the Finance Act for the financial year 1980-81, applying the higher applicable rate where comparisons with total-income rates arise; these rates apply to payments after the stated June 1980 date and prior deductions under the Finance Act rates need not be adjusted.
Adjustment of figures.
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Cross-year correlation of assessments required to prevent duplicate tax deductions following retrospective gratuity fund approvals.
After a gratuity fund was retrospectively approved and the earlier year's claim rectified under section 155(13), the ITO failed to withdraw the deduction claimed in the succeeding year on actual payment, causing the same amount to be allowed twice; the Board instructs ITOs and IAPs to correlate assessments across years and verify rectificatory orders to prevent such duplicate allowances.
Inspection of provident fund accounts under Rule 74.
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Inspection of recognised provident fund accounts required; mandatory verification, notices and potential withdrawal of recognition, with annual compliance reports.
Inspection of recognised provident fund accounts under Rule 74 is required to verify continued fulfilment of recognition conditions. Trustees must be issued an annual enquiry within three months after the financial year; information is examined for employer defaults in contributions. Where breaches are found, notices and show cause proceedings must be issued and, after opportunity to reply, recognition may be withdrawn. Lists of recognised provident, approved superannuation and approved gratuity funds must be maintained, cases assigned to Income tax Officers, and annual compliance reports submitted for monitoring.
Tax arrears.
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Write-off of tax arrears where taxpayer untraceable or no Indian assets allows full write-off without double taxation relief.
Write-off of tax arrears for income from the erstwhile East Pakistan may be effected following the prescribed procedure for irrecoverable demands where: the assessee is untraceable or, if traceable, has no assets in India; and the assessee has not notified loss or filed any claim with the Custodian of Enemy Property for compensation or ex-gratia for properties taken over by the Government of East Pakistan. In such cases no abatement by double taxation relief is necessary and the entire outstanding tax may be written off, with proposals requiring Board approval to be sent promptly.
Double taxation relief.
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Double taxation relief permitted on certified foreign assessment orders, enabling expedited recovery of the balance tax.
Instruction permits allowance of double taxation relief for foreign-source incomes (excluding certain jurisdictions) on the basis of certified copies of foreign assessment orders or other orders without insisting on a formal certificate, and directs expeditious recovery of any balance tax while requiring communication of the Instruction to all subordinate officers.
Submission of briefs to Commissioner.
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Preparation of appeal briefs and paper books: timely submission to the Commissioner enables transmission to departmental representatives for hearings.
Inspectors of Taxes must prepare appeal briefs and paper books promptly upon filing an appeal or receipt of the memorandum of appeal and submit them to the Commissioner within a short prescribed timeframe; Commissioners must ensure strict compliance. Copies of briefs and paper books are to be forwarded to the Commissioner and, when cases are fixed for hearing, the Commissioner's office will send briefs and paper books to the Departmental Representatives.
Basis of taxability u/s 195(2).
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Basis for taxability under section 195(2): ITOs must state the basis for estimated taxable income in withholding orders.
An internal Board instruction requires that in withholding tax orders the assessing officer must clearly state the basis for any estimate of taxable income; the Appellate Tribunal found orders defective when no basis was given, and the Board directed ITOs to record and disclose the factual and arithmetic basis for estimates so determinations can withstand appellate scrutiny.
Execution of transfer deeds is necessary for effecting change in order of names of joint shareholders
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Transposition of joint shareholding order permitted on joint written request; transfer deed unnecessary except where only part holding changes.
Execution of transfer deeds is not required to effect a transposition in the order of names of joint shareholders where all joint holders make a written request to the company; however, where the change in order relates only to part of the holding, a transfer deed must be executed for that portion.
Self assessment-penalty u/s 140A.
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Self-assessment penalty requires checks of selected returns and show-cause notices for unpaid or underpaid tax.
Self-assessment penalty under u/s 140A(3) is to be enforced by checking specified non-company returns and returns earmarked for scrutiny to verify payment of self-assessment tax; where non-payment or under-payment is found, show-cause notices for penalty must be issued, and the ITO must certify that all such cases have been scrutinised and appropriate action taken as a standing instruction.
Provisional assessments.
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Provisional assessment under Surtax Act to secure tax demand where regular assessment cannot finish within the year.
Provisional assessments under the Surtax Act must be completed and the resulting demand collected where a regular assessment is not likely to be finalised within the financial year, and this procedure is declared a standing instruction with directions to issue implementing guidance to Income Tax Officers.
Summary assessments.
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Summary assessment reform restricts prima-facie adjustments and authorises inspectors to complete limited routine tax returns.
The Finance Act, 1980 removed authority for assessing officers to make prima-facie adjustments in summary assessments, which must now be applied to all summary assessments; bookkeeping-obligation cases without maintained accounts require scrutiny. The Board authorised delegation to Inspectors to complete limited summary assessments as sub-units of ITOs, specifying functions they may perform, exclusions (central/company/special circles and loss returns), staffing, reporting, and that refunds from Inspector assessments be signed by the ITO.
Procedure for implementation of Sec.139(9).
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Defective return procedure under section 139(9) requires notice and a short rectification period before a return is treated as invalid.
Section 139(9) establishes that returns filed on or after 1 September 1980 deemed defective must be notified to the assessee and may be treated as invalid only if the assessee fails to rectify the defect within the statutory short period of 15 days or any allowed extension. Inspectors of Income-tax, delegated by Commissioners, will scrutinise returns, classify them as defective or not, affix a prescribed stamp, and send a deficiency letter by registered post to allow the assessee time to correct omissions; audited accounts must be enclosed where statutory audit is required.
Appointment of additional director or director appointed in casual vacancy constitute change within the meaning of sub‑section (2)
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Change in director status: appointment of additional or casual vacancy director at AGM must be notified to Registrar.
Appointment of an additional director or a director appointed to a casual vacancy who is thereafter appointed by the company at the annual general meeting for a full term alters the nature of the appointment and constitutes a change within the meaning of section 303(2); such changes should be notified to the Registrar. The prior departmental clarification that routine retirement and re appointment of existing directors at the annual general meeting is not a change does not apply to additional or casual vacancy directors when appointed for a full term at the AGM.
Gross amount received on sale of cinema tickets including entertainment tax ‑ Whether would come within the purview of definition of “turnover” given in Explanation (b)
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Aggregate turnover includes gross receipts from ticket sales, so statutory taxes collected with receipts are part of turnover.
The definition of turnover in section 43A as the aggregate value of realisation from sale, supply or distribution of goods or on account of services renders the gross amount received on cinema ticket sales, including entertainment tax, part of aggregate turnover.
Wealth Tax-Valuation u/s16A.
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Valuation under section 16A requires mandatory referral to the departmental valuation cell; non-compliance will be treated seriously.
Valuation under section 16A of the Wealth-tax Act must be referred to the departmental valuation cell in all fit cases; the Board reiterates this mandatory referral requirement after Audit reported continued non-referral, and warns that lapses will be viewed seriously.
Additional price payable for purchase of sugarcane.
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Accounting treatment of additional sugarcane payments: mercantile system permits deduction when liability arises in accounts.
Where an assessee follows the mercantile system of accounting, additional amounts payable under an award or statutory price-fixation order are deductible in the year the liability arises in the accounts, not in the year to which the award relates; this modification to prior instruction does not apply to those following the cash system of accounting.
Deduction of tax at source--Income-tax deduction from salaries during the financial year 1980-81 u/s. 192 of the Income-tax Act, 1961
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Deduction of tax at source: updated guidance on computing taxable salary, allowances, perquisites and allowable deductions for employers.
Deduction of tax at source from salaries requires employers to include estimated salary and perquisites in computing taxable salary, apply the statutory standard deduction and ceilings, allow specified savings and provident fund deductions subject to qualifying limits, treat repayments from compulsory deposit schemes as salary while excluding compulsory deposits from deductions, observe conditions for house rent and conveyance exemptions with evidence, apply foreign remuneration deduction rules with documentary proof, follow rounding and challan procedures for payment of TDS, and be aware of penal consequences for failure to deduct or remit tax.
Pending rectifications.
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Rectification compliance required: ITOs must clear taxpayer pointed corrections and submit quarterly progress statements.
Instruction requires assessing officers to effect and clear taxpayer pointed rectifications recorded in Form ITNS 224 within a reasonable time and to address rectifications relating to tax arrears. A quarterly progress statement has been prescribed to monitor clearance of pending rectifications, with reports to be submitted by the fifteenth of the month following the quarter and correspondence directed to the designated desk officer in the Board's IT(b) branch.
Sec.147(b)-Ambit of word 'Information'.
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Information under section 147(b) - audit opinions do not qualify; only communicated law or new facts justify reopening assessments.
The meaning of information for section 147(b) is limited to factual particulars or knowledge of law originating from a formal source; audit opinions on interpretation do not constitute such information. An ITO must independently evaluate any law or facts communicated by audit notes and record those specific facts or law as the basis for a reason to believe that income has escaped assessment. Rectification, supervisory review, or other remedial routes should be considered where reopening is not justified, and action must respect statutory time limits and supervisory approvals.
Public Deposits - Acceptance of ‑ Scope and provision of Companies (Acceptance of Deposits) Rules, 1975 explained
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Submission of deposit returns required by rule 10; timely filing prevents penalties and delays in non banking sector data.
Non banking companies holding public deposits must file a return of deposits with the Registrar of Companies for March 31 by June 30 and simultaneously send a copy to the central bank for non banking company reporting. Regulatory reports show widespread late or missing returns, causing delays in compilation and publication of deposit surveys. Chambers of commerce are urged to ensure constituents submit returns on time, and failure to comply by the deadline attracts the penal provisions under the rules.

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