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Deduction of income-tax at source--Section 194-B of the Income-tax Act, 1961--Deduction from winnings from lottery or crossword puzzle--Financial year 1979-80
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Tax deduction at source on lottery winnings: specified withholding rates apply with rounding, remittance and reporting requirements.
Tax must be deducted at source on lottery and crossword puzzle winnings above the statutory threshold at rates prescribed for the financial year 1979-80, with the payer applying the higher of the specified withholding rate or the rate applicable if the winnings were the recipient's total income. No deduction where winnings do not exceed the threshold; mixed cash-and-kind prizes are taxed on aggregate value; instalment payments attract deduction on each payment; deductions are rounded to the nearest rupee; remittance and separate reporting of income-tax and surcharge must follow prescribed timelines and Forms 13B, 19B and 26B procedures.
Deduction of tax from winnings from horse races.
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Tax Deduction on Race Winnings: Withholding required from bookmakers and race clubs for resident and nonresident recipients.
Deduction of tax at source is mandated on winnings from horse races under section 194BB, applicable to payments by bookmakers and race clubs for resident and nonresident recipients. Withholding must follow prescribed rates and be the higher of the flat rate or tax computed as if winnings were the total income, and applies to both individuals and companies. Administrative measures require timely deposit of withheld tax, supply of challans, identification of liable payers, and submission of periodic statements in Form No.26BB to ensure compliance.
Interest on deposits in joint names--Deduction of tax at source u/s. 194A of the Income-tax Act, 1961--Regarding
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Tax deduction at source on joint-account interest may be aggregated with one payee's interest, affecting withholding and certificate issuance.
Where deposits are in joint names, absent definite information about beneficial ownership the payer may treat both joint holders as payees and aggregate the interest on the joint account with the interest payable to one joint holder (preferably the one with higher interest income) to determine whether the aggregate interest exceeds the non-withholding limit and whether tax should be deducted; the section 203 certificate is to be issued in the name with whom aggregation is made and section 199 credit allowed to that person.
Recovery of tax u/s 140A of the Income-tax Act, 1961.
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Penalty for continuing default may be levied repeatedly; officer must give reasonable opportunity to the assessee.
Penalty under sub section (3) of section 140A provides for a levy for every month during which default in payment of tax continues; therefore, in cases of continuing default the Income tax Officer may levy the penalty more than once. Prior to imposing repeated penalties the officer must give the assessee a reasonable opportunity of being heard as required by the proviso to that sub section.
Demonetisation of high denomination bank notes.
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Demonetisation reporting obligations: new mandatory monthly proforma and verification duties with penalties and prosecutions possible.
Commissioners must obtain and verify bank declarations, submit certificates confirming collection and verification, conduct preliminary enquiries for higher-value declarations, and provide triplicate statements for very large tenders. A revised monthly progress report proforma is to be used, showing collected and outstanding declarations, value-threshold classification, and the status of preliminary enquiries. Where sources of notes are not satisfactorily explained, prompt assessments, penalty proceedings, and prosecutions are to be initiated.
Income-tax Act, 1961--Section 193 read with section 197(1)/(2)--Interest on Government securities--Rates of tax applicable during the year 1979-80 as prescribed in the Finance Act, 1979
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Tax deduction on government securities: revised withholding rates issued; treasury officers directed to apply new rates immediately.
The circular forwards a draft schedule prescribing the rates at which income-tax and surcharge must be deducted from interest on Government securities for the relevant year as set out in the Finance Act, 1979, and directs immediate issue of the circular to all Treasury Officers and Sub Treasury Officers so that the revised withholding rates are applied to interest payments after the stated date.
Deduction of income-tax at source--Section 194D of the Income-tax Act, 1961--Deduction from insurance commission, etc.--Financial year 1979-80
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Deduction of tax at source on insurance commission: prescribed rates and procedural obligations for withholding and remittance.
Deduction of tax at source applies to income by way of insurance commission; prescribed withholding rates differ for residents (persons other than companies and domestic companies) and are higher under section 195 for non-residents and non-domestic companies. Deduction is made at credit or payment, whichever is earlier, remitted to the Central Government within specified periods, paid on designated challans with surcharge shown separately, and rounded to the nearest rupee. No adjustment for prior debits in an agent's account is allowed. Recipients may seek Form No.13D certificates; payers must issue Form No.19D and file Forms No.26D, 26E and 26F as required.
Procedure to arrest and detention of defaulters.
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Arrest and detention of tax defaulters: require notice, recorded factual satisfaction, and only minimal necessary force.
Before committing a person to civil prison the Tax Recovery Officer must issue and serve a notice calling on the defaulter to appear and show cause, judicially apply his mind to factual questions (such as dishonest transfer or concealment of property or availability of means to pay) and record in writing his satisfaction that the statutory conditions for detention are met; a warrant may be issued if the officer honestly believes the defaulter is likely to abscond, and any force used to effect arrest must be limited to what is strictly necessary.
No expenditure allowable for and from the assessment year 1979-80.
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Disallowance of political advertising: payments for party publications are not deductible and advertisement deductions face statutory limits.
Expenditure on advertisements in publications of political parties is not allowable from the operative assessment year; separately, deductions for advertisement, publicity and promotion are subject to a statutory ceiling. Advertisements in souvenirs by other institutions may be deductible only if laid out wholly and exclusively for business and if conditions of the advertisement rules are satisfied, with officers required to guard against payments which are donations in disguise or serve an oblique non business purpose, considering actual publication, timing and accounting treatment.
Deduction of tax at source--Income-tax deduction from salaries during 1979-80
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Deduction at source rules updated: revised salary withholding rates, perquisite valuation, and documentation requirements affect TDS computation.
Deduction of tax at source on salaries for 1979-80 prescribes the rates and increased surcharge for withholding on salary payments from 1 April 1979, sets a non-deduction threshold with marginal relief, and requires valuation of employer-provided perquisites under the Income-tax Rules for estimated salary. It directs inclusion of repayments from compulsory deposit accounts as salary, disallows certain deposits as deductions for withholding, prescribes the standard deduction formula with special limits where conveyance allowance or employer-provided vehicles exist, and specifies documentary and certification requirements for exempt allowances and other deductions affecting tax withheld.
Assessee can file a settlement application before the Settlement Commission.
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Settlement application single-fee covers multiple pending assessments; use regular assessment challan for payment; refunds as direct refunds.
An assessee may file a Settlement application at any stage of assessment or wealth-tax proceedings; a single application may cover multiple assessment years and wealth-tax proceedings and requires only the single prescribed fee for a combined petition. Payment must be made using the regular assessment challan to ensure correct accounting classification; applicants should attach the challan copy to the petition and retain an attested copy. Refunds of excess fees are to be issued by the ITO on the Settlement Commission's certificate and classified as Direct Refunds.
Details obtained during assessment proceedings and utilised to determine the correct value of such properties.
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Property valuation procedures require collection of land area, building specifications and deeds to ensure accurate tax assessment.
The Board directed assessing officers to obtain and use essential documentation and measurements-area of land, built-up area, construction specifications, building plans and copies of purchase deeds-for accurate property valuation during income-tax assessments, in response to PAC findings that such particulars were not being collected, resulting in acceptance of unverified declared values.
Section 80-O of the Income-tax Act, 1961--Guidelines for approval of agreements--Further clarifications
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Scope of section 80-O clarified: trademark payments treated as royalty and composite agreements approved with suitable disallowance.
The Circular removes the requirement that agreements be entered on or after a Bill's introduction for approval under Section 80-O, treats payments for use of trade-marks as royalty within the section's scope, and permits approval of composite agreements subject to suitable disallowance for non-qualifying services so that the balance attributable to know how or technical services qualifying under the section may be exempted.
Presentation of tax arrears to Parliament.
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Presentation of tax arrears: revised quarterly reporting and source-record requirements mandate updated proforma for parliamentary reporting.
The Board approved amendments to Parts II and VI of the quarterly statement of tax in arrears and directed use of revised source records so that the new proforma is used for reports from the quarter ending 30th June, 1979, with source records modified and implemented from 1st April, 1979; DOMS guidelines and printing arrangements were issued to facilitate maintenance, compilation and distribution.
No change in article relating to income-tax in agreement between Government of Polish People's Republic.
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Tax exemption on bilateral shipping freight limited to service between the two countries; third-country carriage remains taxable.
Article grants mutual exemption from income-tax on freight earnings of the other country's ships "of this service", including time chartered ships, but confines the exemption to carriage between the ports of the two contracting countries; freight earnings from carriage involving third countries are taxable, and the interpretation is to be applied prospectively while past assessments will not be reopened for now.
Administration of Section 139A of Income Tax Act, 1961.
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Permanent Account Number compliance: screen records, cancel duplicate or inactive PANs, and initiate penalty proceedings where warranted.
Field offices must screen records to ensure PAN allotment and communication in all live cases, maintain and update the prescribed Register of PAN, cancel duplicate PANs and PANs of non-live cases, and provide counts and reasons for non-compliance. Review records to identify late or missing PAN applications and assessees failing to quote PAN; report numbers of cases, initiation and finalisation of penalty proceedings, and penalties levied. Examine issuance of show cause notices and levy penalties where appropriate, and submit a compliance report to the Director of Inspection.
Refund under section 239 of Income-tax Act, 1961.
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Refund claims under section 239 must be filed in Form 30 and processed on priority to prevent delays.
Refunds under section 239 must be claimed in Form No.30 with the return of income and TDS certificates (or thereafter if return already filed), submitted to the Income-tax Officer of territorial jurisdiction and disposed of within the time prescribed. The Board mandates maintaining a separate refund register, prioritised handling-especially in Salary Circles-use of Pure Refund Circles and monthly refund statements to ensure expeditious disposal, reduce interest exposure, and improve assessee satisfaction.
Amendment of para 7 of Board's letter F.No. 375/69/72-IT(B), dated 26.7.72.
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Write-off powers expanded allowing Inspecting Assistant Commissioners to cancel irrecoverable tax arrears without Local Committee referral.
Inspecting Assistant Commissioners of Income-tax are authorised to write off irrecoverable tax arrear demands up to the newly prescribed monetary threshold under their own powers without referring the case to the Local Committee consisting of the Commissioner of Income-tax concerned; the Board directs that this amendment be communicated to all officers under the addressees' charge.
Assessing officers should be alerted deciding matters under one direct tax law .
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Cross-checking direct tax records identifies unassessed wealth and related liabilities across income, wealth, gift, and estate duties.
Assessing officers must correlate information across direct tax records when deciding matters under any direct tax law to ensure related liabilities in income-tax, wealth-tax, gift-tax and estate duty are identified and actioned. Failures include unexamined transfers implicating capital gains and deemed gifts, income-tax indications of assessable wealth not followed up for wealth-tax, unverified market values for capital gains, omission of trust life interests from wealth-tax, and non-reporting of deaths to estate-duty authorities; officers are directed to avoid such lapses.
Individual assessments of beneficiaries u/s 21(1) of Wealth-tax Act 1957.
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Beneficiary interest assessment requires inter-officer coordination ensuring trustee assessments are confirmed before completing individual assessments.
Wealth-tax Officers assessing beneficiaries must properly scrutinise records and ascertain from the officers assessing trusts whether a beneficiary's interest has been assessed under section 21(1) of the Wealth-tax Act 1957 before completing the beneficiary's assessment; officers assessing trustees under section 21(1) of the Wealth-tax Act 1957 must invariably inform officers having jurisdiction over beneficiaries about actions taken concerning beneficiaries' interests.

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