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Date of filing of balance sheet and profit and loss accounts of companies with the Registrar of Companies in view of change in section 3 of the Income‑tax Act
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Uniform accounting year requirement triggers filing deadline for companies to submit audited financial statements to the registrar.
Companies must adopt a uniform accounting year ending 31 March; prepare and audit accounts within six months and lay them before the annual general meeting; and file copies of balance sheet, profit and loss account, directors' report and auditors' report with the Registrar of Companies within 30 days. Companies are advised to file their accounts with the Registrar by 31 October 1992 to align these obligations with the uniform accounting year requirement.
Central Excise - Classification of aluminium wire rods under Central Excise & Tariff Act, 1985 - Clarification regarding
Show AI Summary
Product classification of aluminium wire rods now depends on coil status, not cross sectional dimension, affecting assessments.
Classification of aluminium wire rods is governed by coil status: products supplied in coils are treated as wire and those not in coils as rods; cross sectional dimension is no longer relevant following the alignment of Chapter 76 to the HSN, and pending assessments should be settled accordingly.
1902/1992.
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Failure to make prescribed adjustments limits audit objections and permits remedial action only under specified instructions.
Remedial action in cases processed under section 143(1)(a) is to be taken only where audit objections allege failure of Assessing Officers to make the prescribed adjustments; Revenue/Receipt Audit objections must be confined to such failures and not to matters requiring scrutiny assessment, and any remedial steps must be initiated and completed in accordance with existing instructions.
1901/1992.
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Tax computation transparency: require inclusion of full tax calculations in assessment orders to aid assessee's review.
Assessment requires inclusion and authentication of full tax computations in the assessment order or intimation, showing tax, additional tax, interest, prepaid taxes and the net payable/refundable, with ITNS 150/150A supplied; officers must verify and sign computations so the assessee receives complete particulars for review.
Allotment of shares of Public Issue to be Listed ‑ Issue of refund orders under section 73(2)/(2A)
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Registered post requirement ensures refund orders and allotment documents are sent to investors, strengthening investor protection.
Companies listed or seeking listing must dispatch refund orders, allotment letters and share certificates by registered post; letters of offer for rights issues are also to be issued to shareholders by registered post to protect investor interests in response to complaints about non-receipt of securities-related communications.
19/92-CX.8 - 03-09-1992 Central Excise
Admissibility of Modvat credit in respect of duty paid on Glass Bottles used as packaging material in the manufacture of aerated water
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Modvat credit allowed on duty-paid glass bottles used as packaging despite job-work or fixed asset treatment.
Modvat credit is allowable on duty-paid glass bottles used as packaging for aerated water even if received via endorsed gate pass or treated as fixed assets. Credit must not be denied solely because bottles were shown as plant and machinery or returned after printing/decoration by a job worker, provided duty was paid at the rate applicable to glass bottles. Existing job-work notification procedures may be extended to cover such activities.
10/92 - 03-09-1992 Central Excise
Delegation of powers under Rule 47(5) to grant permission for storage of non-duty paid goods outside the factory premises - Withdrawal of Circular No. 10/92-CX.8, dated 29-4-1992
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Permission to store non-duty-paid goods outside factory premises now allows both levy and free-sale sugar subject to safeguards.
Delegation of powers under Rule 47(5) authorises permission for storage of non-duty-paid goods outside factory premises. The prior restriction requiring clearance only against levy quota for sugar stored in outside godowns is withdrawn. Henceforth both levy and free-sale sugar may be stored and cleared from outside godowns, subject to the usual safeguards and conditions.
Expenditure-tax--Whether World Bank Mission Staff are exempt--Clarification regarding
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Expenditure-tax exemption for diplomatic and international organisation personnel extends to World Bank mission staff on official hotel duty.
Expenditure-tax exemption applies to persons covered by the Vienna Conventions and to officials of international organisations under the UN privileges and immunities framework; the Board clarifies that World Bank mission staff on official hotel duty are included and their expenditure is not chargeable under the Expenditure-tax Act.
1899/1992.
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Tax investigation coordination: assessing officers must investigate irregular share and banking transactions, coordinate with Investigation Wing, and report progress.
Instruction requires Chief Commissioners/Commissioners to identify cases of share, securities and banking irregularities, examine Income-tax files, prepare comprehensive background notes from all available information, direct assessing officers to undertake investigations under supervisory guidance, coordinate closely with the Investigation Wing, and where necessary refer cases to central investigative authorities; CCsIT must prepare tax profiles of assessees for parliamentary review and report progress monthly.
Prohibitions and Restrictions - Import controls on hazardous wastes
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Import controls on hazardous wastes require prior central government permission and strict compliance with hazardous waste management rules.
Importation of specified hazardous wastes is prohibited for dumping and disposal and may be permitted for processing only after case-by-case clearance and prior permission from the Central Government. Where permission is granted, port authorities must be instructed to ensure safe handling and environmentally sound measures. Customs officers must guard against misdeclaration and smuggling of hazardous wastes and apply confiscation where imports contravene prohibitions.
1898/1992.
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Interest waiver for migrant taxpayers: delayed-filing interest and penalties suspended where migration prevented statutory compliance.
Board directs that, for migrant taxpayers from Kashmir Valley, disturbed conditions will be treated as reasonable cause: extend rule-based exemptions when applying the disallowance provision on related-party payments, apply the proviso for belated firm registration, withhold specified penalty proceedings where migration prevented compliance, and waive interest for delayed return filing and non-payment of advance tax up to filing date or one year from the end of the assessment year; concessions apply only to migrants assessed or assessable in the valley who filed returns outside it because of migration.
Explanatory Notes on the provisions relating to direct taxes
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Income tax rate restructuring implements new withholding, surcharge and advance tax rules, and recasts capital gains taxation and exemptions.
The Finance Act, 1992 reconfigures direct taxation by prescribing new income tax and TDS rates, adjusting surcharge thresholds, and establishing Part III withholding and advance tax rules; it broadens the tax base and revises exemptions and rebates (including changes to deductions, medical and senior citizen reliefs, and mutual fund/co operative exemptions); recasts long term capital gains with indexation and separate flat taxation; treats firms as separate taxable entities with reformed remuneration and carry forward rules; and streamlines procedural, TDS, wealth tax and sectoral definitions with specified effective and transitional dates.
1897/1992.
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Arrear demand consolidation: maintain assessee-wise ledger registers for specified taxpayer categories to centralise and monitor recovery.
Requirement to consolidate outstanding income-tax demands assessee-wise for specified categories by maintaining a Ledger Folio/register recording name, full address, PAN and year-wise demand details from existing D & CRs; the register is additional to D & CRs and should be updated monthly, prepared manually except where under utilised computers may be used, with format at Chief Commissioner discretion.
1896/1992.
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Simplified tax scheme for small businesses: optional presumptive taxation with bank payment and no regular assessment procedures.
An optional presumptive taxation scheme permits eligible individuals and HUFs in retail trade, eating houses, or defined vocations to pay tax on a deemed income basis using a prescribed statement-cum-challan filed and paid at designated banks, obviating regular return filing and assessment procedures. The scheme limits eligibility by prior non-assessment, turnover and other-source income caps, restricts allowable deductions, defines included vocations and excludes professionals, sets bank receipting and data transmission protocols, provides that survey teams will not inquire further where tax is paid under the scheme, and permits reopening only on concrete evidence of misuse.
Neutral Packing in relaxation of Rule 185(1) of Central Excise Rule, 1994 for export purposes - Reg.
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Neutral packing permission for exports allowed, subject to collector approval, anti-evasion checks and post-facto reporting.
Collectors of Central Excise may grant relaxation of Rule 185(1) to permit neutral packing for all commodities meant for actual export on application by assessees, subject to anti-evasion checks by field formations and with a report to Government for post-facto approval.
Clarification in respect of valuation of gifts of shares/debentures on or after 1-4-1992 under the Gift-tax Act, 1958, in view of the omission of Part C of Schedule III to the Wealth-tax Act, 1957
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Valuation of gifted shares and debentures continues under Part C valuation rules despite its omission for wealth-tax purposes.
Omission of Part C of the wealth-tax schedule does not change how shares and debentures are valued for gift-tax purposes; for the limited purpose of the gift-tax regime, Part C is to be treated as if still on the statute and valuation of these securities shall continue to follow its rules.
Collection of income-tax at source under section 206C of the Income-tax Act, 1961, in respect of profits and gains from the business of trading in alcoholic liquor, forest produce, etc.--Financial year 1992-93
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Tax collection at source on specified goods requires sellers to collect and remit tax with surcharge and strict compliance obligations.
Sellers must collect income-tax at source from buyers on sales of specified goods (alcoholic liquor, timber, other forest produce) at prescribed percentages at the earlier of debit or receipt. The obligation applies at the first sale and excludes public sector companies and subsequent buyers; an Assessing Officer may exempt a buyer by certificate for manufacturing use. Collected tax must be remitted within seven days, certificates issued to buyers, half-yearly returns filed in prescribed forms, and failures attract penalties, interest and potential criminal sanction; a surcharge applies for certain buyers.
Section 194D of the Income-tax Act, 1961--Deduction of tax at source from insurance commission during the financial year 1992-93
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Tax deduction at source on insurance commission: withholding, surcharge and procedural compliance required for payers.
Deduction at source is required on income paid as insurance commission to resident payees under Tax Deduction at Source, with specified rates for non-corporate residents and domestic companies and an additional surcharge; deduction is to be made at payment or credit, subject to a de minimis exemption, and payers must follow certificates from the Assessing Officer for lower or nil deduction.
Section 194C of the Income-tax Act, 1961--Deduction of tax at source from payment made to contractors and sub-contractors--Instruction regarding
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Tax Deduction at Source on Contractor Payments requires payers to withhold tax and meet payment, certificate and reporting obligations.
Section 194C mandates withholding tax on payments to resident contractors by specified payers and on payments by contractors to resident sub-contractors, subject to surcharge and a small-sum exemption; Assessing Officers may grant Form No.13C certificates for lower or nil deduction. Deductors must deposit withheld tax within prescribed timeframes, furnish Form No.16B certificates, quote TAN on documentation, and file an annual return in Form No.26C. Failures attract interest, penalties, and potential prosecution under relevant provisions.
TDS u/s. 194B, 194BB and 194G of the Income-tax Act, 1961, from winnings from lottery, crossword puzzles, horse races or from commission, etc., paid on sale of lottery tickets--Rates of tax applicable during the financial year 1992-93
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Tax Deduction at Source on gaming and lottery winnings: unchanged rates and mandatory compliance, with applicable surcharge.
Deduction of tax at source applies to winnings from lotteries, crossword puzzles and horse races and to commission or remuneration on sale of lottery tickets; specified rates apply for 1992-93, with commission payments subject to ten per cent and credits to any account (including suspense) treated as payment/credit for TDS. A Union surcharge increases the deductible amount for non corporate residents and domestic companies. Deductors must timely deposit TDS, furnish prescribed certificates, obtain and quote TAN, file annual returns in prescribed forms, and face interest, penalties and prosecution for defaults. Certificates from the Assessing Officer may allow lower or nil deduction in certain lottery business cases.

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