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    Clarifications regarding instruction No.1617.
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    Assessment under section 143(3): adopt returned income when no specific queries; specific queries require examination.
    Assessments under Instruction No.1617 are to be completed under section 143(3); if a section 143(2) notice was issued without specific queries, the return's declared total income is to be adopted without further enquiries, while where specific queries were raised in the section 143(2) notice, assessments under section 143(3) are to be completed without making proper scrutiny.
    Filing of prosecution under sections 162 and 220 - Complaints in respect of offences providing for fine only are to be filed within six months from the date of offence
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    Limitation on prosecution: complaints for offences punishable by fine must be filed within six months under CrPC.
    Complaints for offences under the Companies Act and related rules punishable only with fines must be filed within six months from the date of the offence under the Code of Criminal Procedure; where complaints are delayed, an application for condonation of delay may be filed under the relevant procedural provision. Administrative authorities are advised to expedite default/pre-prosecution notices, secure sanction for prosecution promptly, and file complaints arising from inspection or investigation reports within the limitation period.
    Deduction of tax at source-Income-tax deduction from salaries during the financial year 1985-86 under section 192 of the Income-tax Act, 1961
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    Tax deduction at source: employers must estimate salary income, deduct and remit monthly tax, with interest and penalties.
    Employers must estimate annual salary income and deduct tax at source under section 192 by computing aggregate tax at average rates for the year, dividing by twelve for monthly deduction, and including perquisites and amenities (valued under rules) in estimated salary subject to statutory exemptions and deductions; disbursing authorities must verify evidentiary proof, use correct challans, observe rounding conventions, and are liable under sections 201 and 276B for failure to deduct or remit, with interest and penal consequences.
    Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzles-Rates of tax applicable during the financial year 1985-86
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    Tax deduction at source on lottery winnings requires withholding at prescribed rates and procedural compliance for deposit and reporting.
    Section 194B requires persons responsible for paying lottery or crossword puzzle winnings above the statutory threshold to deduct tax at specified rates; the circular specifies resident and non resident rates, special company rates, aggregation rules for cash and in kind prizes, instalment treatment, rounding to the nearest rupee, timing and procedure for deposit of tax and surcharge, and the use of prescribed forms including Form 13B for lower withholding certificates, Form 19B for payee certificates and quarterly submission of Form 26B.
    Deduction of tax at source-Section 193 read with section 197(1)/(2) of the Income-tax Act, 1961-Interest on Government securities-Rates of tax applicable during the year 1985-86
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    Deduction of tax at source on interest on government securities: revised withholding rates and compliance instructions.
    Deduction of tax at source from payments of interest on Government securities is adjusted to reflect rates amended by the Finance Act, 1985; income-tax and surcharge must be deducted at the revised rates from payments made after March 31, 1985. Treasury and sub-treasury officers are to issue the enclosed draft circular and implement instructions to ensure deductions conform to the amended statutory rates and withholding obligations for the financial year 1985-86.
    Measures for greater coordination between ITOs and TROs.
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    Coordination between tax recovery and assessment officers required-bi-monthly meetings and shared defaulter lists to expedite recovery.
    Directive mandates twice-monthly meetings between Tax Recovery Officers and Income Tax Officers, with TROs furnishing in duplicate a list of defaulters whose arrears exceed Rs.10,000 before each meeting. ITOs must indicate any changes in arrear position and provide the latest asset position on the list. The measure addresses failures in timely intimation of demand variations, post-TRC collections, refund adjustments against arrears, deletion of advance arrears, and non-availability of files, aiming to remove dilatory cross-references and hasten coordinated recovery action.
    Scope of Sec.161 where trustee runs business on behalf of beneficiary.
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    Representative assessment under section 161: trustee taxed in the status of beneficiaries when carrying on business for their common interest.
    Section 161 requires that tax on a representative assessee be levied and recovered in like manner and to the same extent as it would be from the person represented; when a trustee is authorised by the settlor to carry on business for beneficiaries, the beneficiaries' common interest and conduct can render them an association of persons, making the income chargeable as that unit's income and requiring the trustee to be assessed in the beneficiaries' status, with special caveats for trusts exclusively for minors.
    Recovery wing-Recommendations of Public Accounts Committee.
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    Tax recovery officer appointments should prioritise senior experienced officers to handle complex recovery cases effectively.
    DOMS found TROs are mainly junior officers though the role requires expertise in Income Tax and related laws to handle complex recovery cases; it recommends posting senior Group A officers for high-demand matters. It also notes poor staff quality in Recovery wings and directs C.I.T. (Admn) and Commissioners to provide a fair mix of competent staff and implement these posting and staffing recommendations, which the Board has accepted.
    Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from insurance commission, etc.-Rates of tax applicable during the financial year 1985-86
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    Tax deduction at source on insurance commission requires payers to deduct, remit tax and file prescribed quarterly and annual returns.
    Deduction of income-tax at source on payments by way of insurance commission must be made at the time the commission is credited or paid; rates vary for resident individuals, domestic companies, non-resident persons and non-domestic companies as prescribed by the Finance Act. Tax deducted must be remitted to the Central Government within prescribed timelines using the correct challan (companies on Challan No.2; non-companies on Challan No.8), surcharge shown separately, and amounts rounded to the nearest rupee. Recipients (other than companies) may obtain Form 13D certificates; payers must issue Form 19D and file quarterly and annual statements in Forms 26D, 26E and 26F.
    Deduction of tax at source-Section 194BB of the Income-tax Act, 1961-Deduction from income by way of winnings from horse races-Financial year 1985-86
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    Tax deduction at source from horse-race winnings: prescribed withholding rates and mandatory remittance and challan requirements.
    Deduction of tax at source is required on winnings from horse races under Section 194BB, with prescribed withholding rates for resident and non-resident persons and differing rates for companies. Tax deducted must be remitted to Government through authorised banks within one week from the last day of the month of deduction, ensuring correct recording of income-tax and surcharge in the specified challans for company and non-company assessees. Section 276B penal consequences for failure to deduct or pay without reasonable cause are noted.
    Depreciation in cases of cranes mounted on mobile transport vehicles.
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    Depreciation classification for cranes mounted on transport vehicles entitles them to the specified higher allowance under income-tax rules.
    Cranes mounted on mobile transport vehicles that are fitted with diesel engines, hydraulic brakes and pneumatic tyres and are registered/licensed with regional transport authorities are classified under item No.III(ii) D(9) Part I of Appendix I to the Income-tax Rules, 1962 and are entitled to 30% depreciation on cost or written down value as applicable.
    Quarterly report of Reference applications u/s 256(1).
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    Reference application oversight: Commissioners must report quarterly and curb unnecessary low value filings.
    Commissioners may accept Tribunal decisions without prior Board approval for filing Reference applications u/s.256(1), must apply judgment to curb low-value filings and adhere to monetary thresholds. For oversight, they must submit a consolidated quarterly report by the fifteenth day of the month following each quarter to the zonal member in a prescribed proforma detailing Tribunal losses, References filed and rejected, related subsection filings, and instances of References filed below the monetary threshold with reasons.
    Disposal & pendency of appeals before AACs.
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    Appeal disposal mandate: AACs must clear longstanding and high demand income tax appeals within the prescribed deadline.
    AACs are directed to prioritise and dispose of identified old appeals and High Demand Appeals, submit lists of such appeals as on 1 July 1985, and provide Action Plans to achieve disposal by the end of September 1985; failures to comply will be viewed seriously.
    Disposal & pendency of appeals before Comm(A).
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    Disposal of pending appeals: deadline imposed; authorities must submit lists of old and high-demand appeals with action plans.
    The Board directed focused disposal of identified old appeals and High Demand appeals within a prescribed timeframe, and instructed each Commissioner to submit a list of such appeals as of a reference date together with a concrete action plan for their disposal by the end of the prescribed period, as an administrative measure to reduce pendency before Commissioners (Appeals).
    Explanatory notes on the provisions of
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    Cessation of estate duty: levy removed for non agricultural property passing on or after the specified date, with prior agricultural exemptions.
    The Amendment Act provides that estate duty shall cease to apply to the levy on any property other than agricultural land passing on death on or after 16 March 1985. The circular also notes that estate duty on agricultural land had ceased to apply in certain Union Territories and States from 24 October 1984, and that Uttar Pradesh and Rajasthan adopted the 1984 amendments, effecting cessation in those States from 12 January 1985 and 18 February 1985 respectively.
    Policies assigned to the Government for the purpose of paying estate duty-Reassigning these policies-Regarding
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    Abolition of estate duty permits reassignment of government assigned insurance policies to policyholders on their request.
    Abolition of estate duty renders government assigned insurance policies infructuous for affected estates; the administration directs that, on request by the original policyholder, such policies may be reassigned to the policyholders, to be effected under the usual administrative procedures.
    Foreign collaboration approvals.
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    Foreign collaboration approvals recognised as Central Government approvals for income tax collaboration provisions under tax law.
    Foreign collaboration approvals issued by the Secretariat for Industrial Approvals or by the concerned Ministry/Department are to be treated as approvals by the Central Government for purposes of the Income Tax Act provisions concerning approval of collaboration agreements.
    Effect of higher estimates of income for purposes of advance tax in financial year 1985-86 on assessment in relation to earlier years-Clarification regarding
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    Advance tax estimates alone do not justify re-opening past assessments; concealed income must be assessed in its own year.
    Mere declaration of a substantially higher income for payment of advance tax in the current year does not, by itself, justify re-opening assessments of earlier years or initiating roving inquiries; reopening must follow established judicial principles under the statutory reopening provisions. Income concealed in an earlier year must be assessed in that year and cannot be set off against higher advance-tax estimates declared for a later year; taxpayers are advised to make full voluntary disclosure and apply to the Commissioner for reduction or waiver of penalty and interest under the statutory relief mechanism.
    Special audit u/s 142(2A).
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    Compulsory account maintenance enables referrals for special audit to support intensive tax investigations where needed.
    Special audit under section 142(2A) should be used for intensive investigation of film artists and similar professionals where accounts are absent or rudimentary; compulsory account-keeping rules and mandatory audit requirements for professionals strengthen the Department's ability to secure and examine prescribed books and records enabling such special audits.
    Out of turn hearing of tax cases by S.C. & H.C.
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    Out-of-turn hearings urged to expedite recurring tax disputes by constituting regular tax benches and prioritising cases.
    Administrative proposal to present a consolidated list of recurring direct tax issues to the Chief Justice and request out-of-turn hearing and constitution of a regular Tax Bench at the Supreme Court; field offices must replicate the identification exercise, seek similar relief from High Court Chief Justices for important pending issues, and report meeting outcomes to the Board.

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