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Relief under section 54 of the Income-tax Act, 1961.
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Capital gains exemption under section 54 limited to individuals; Hindu Undivided Families are not eligible for the relief.
The instruction clarifies that the capital gains exemption for transfer of a residential house under section 54 is limited to the individual assessee who personally used the property for residence and satisfied the statutory purchase or construction time limits; the phrase referring to use "by the assessee or a parent of his family for purpose of his or the parents' own residence" cannot be read to extend the relief to Hindu Undivided Families.
Appointment of ‑Whether intimation by auditor under the sub‑section open for inspection under section 610(1)
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Auditor intimation recognized as a registrable notice and therefore open for public inspection under company records rules.
An auditor's intimation to the Registrar of Companies constitutes a document/notice within the statutory definition and is therefore open for inspection under the company inspection provisions, placing such auditor communications within the same inspection and disclosure framework as other Registrar filings.
Public Deposits - Acceptance of ‑ Scope and provision of Companies (Acceptance of Deposits) Rules, 1975
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Agent authorisation may be by director's signed letter rather than a power of attorney for acceptance of public deposits.
The circular clarifies that for acceptance of public deposits under the Companies (Acceptance of Deposits) Rules, 1975 an agent need not be authorised exclusively by a power of attorney; authorisation may be given by a letter signed by the director.
Panel of Chartered Accountants for special audit u/s 142(2A) of Income-tax.
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Panel of Chartered Accountants for special audit: commissioners to empanel experienced, integrity qualified practitioners under section 142(2A).
Commissioners are empowered to draw panels of Chartered Accountants for special audit under section 142(2A), deciding panel size by local conditions and using a common panel for multicommissioner charges. Guideline criteria recommend auditors with at least ten years' practice, sufficient experience in income tax matters, outstanding integrity and willingness to serve; a professional income threshold is suggested. Audit fees are to be determined according to case facts and local conditions.
Provisional assessments u/s 141A of Income Tax Act, 1961.
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Provisional assessment: require prompt provisional assessments and refunds; withholdments only after senior approval.
Provisional assessments under Section 141A should be made and refunds granted promptly where requested or where returned income and pre-assessment tax indicate a refund and regular assessment is unlikely within six months. Large provisional refunds may be withheld only with prior Commissioner approval under Section 241. All cases under Section 141A and applications or returns exceeding the specified threshold must be entered in a dedicated register kept in the ITO's personal custody and reviewed periodically to ensure timely provisional assessments and refunds.
Functions of Intelligence Wing.
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Intelligence gathering: proactive, coordinated detection of large-scale tax concealment to support assessment and prosecution efforts.
The Instruction requires the Intelligence Wing to take a proactive role in gathering information on tax evasion through suo motu enquiries, departmental leads, informants, press reports and interagency liaison; to conduct preliminary enquiries where large concealment is indicated and send comprehensive investigative notes to assessing officers with supervisory endorsements; to associate with post-search investigations to ensure seized assets and evidence are considered; to maintain dossiers and industry files; and to focus on processing substantial concealment cases for prosecution while assisting in evidence-gathering and trial monitoring.
Provisions u/s 245B of Income - Tax Act, 1961.
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Opportunity of hearing before objection to settlement application: commissioners should hear applicants, record reasons, and may withhold reasons.
Commissioners should offer applicants an opportunity of hearing before objecting to admission of a settlement application where concealment or fraud is alleged; after hearing the commissioner may still object but must record reasons, need not communicate those reasons to the applicant, and may inform the settlement authority that the applicant was heard yet the commissioner remains unsatisfied. The same procedure applies to analogous wealth-tax applications.
Regarding terms “remuneration” and “last employment held” and other matters connected therewith clarified
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Remuneration perquisites valuation to use a cost based fraction of original cost; repairs excluded when already accounted for.
Valuation of employee remuneration for disclosure should include perquisites like residential accommodation and furniture on a cost basis, with the Department prescribing valuation at ten per cent of the original cost of each item to recover cost over its useful life; repairs and maintenance expenses need not be separately included in remuneration where they have been taken into account in the housing perquisite valuation.
Section 133(4) of the Income-tax Act, 1961-Returns of income-Requirement of furnishing statements of payments-Raising of limits to Rs. 1,000 regarding
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Reporting threshold raised: statements for specified payments now required only above the revised monetary limit in returns.
The Board has directed that, pending amendment of return Forms Nos. 1, 2 and 3A, compliance with the Annexure requirements under the statutory provision will be satisfied if assessees furnish statements only for payments of rent, interest, commission, royalty, brokerage and certain annuities exceeding Rs.1,000, thereby temporarily raising the prior Rs.400 reporting threshold and instructing officers to give effect to this change.
223 - 15-07-1977 Income Tax
Section 133(4) of the Income-tax Act, 1961-Returns of income-Requirement of furnishing statements of payments-Raising of limits to Rs. 1,000 regarding.
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Requirement to furnish payment statements raised to a higher threshold; compliance permitted pending amendment under income tax rules.
The Board has directed that, pending amendment of return Forms, compliance with Annexures requiring attachment of statements of payments (rent, interest, commission, royalty, brokerage or annuity) will be satisfied if assessees furnish such statements only where payments exceed Rs. 1,000, and officers are to be informed of this administrative relaxation under the income-tax rules.
Income-tax Act, 1961-Section 193 read with section 197(1)/(2)-Interest on Government securities-Rates of tax applicable during the year 1977-78 as proposed in the Finance (No.2) Bill, 1977
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Tax deduction on government securities: draft withholding rates and surcharge to apply to interest payments after the specified change.
Draft instructions transmit proposed rates for income tax and surcharge to be deducted from interest on Government securities under the tax deduction provisions; Accountants General are directed to issue the draft circular immediately to Treasury and Sub Treasury Officers so deductions are applied at the prescribed rates on subsequent interest payments.
Deduction of income-tax at source-Section 194D of the Income-tax Act, 1961-Deduction from Insurance Commission etc.-Financial year 1977-78
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Tax deduction at source from insurance commission required; payers must withhold, remit, and report under prescribed procedures.
Deduction of tax at source is required on income by way of insurance commission (remuneration for soliciting or procuring insurance business). Payers must deduct tax when commission is credited or paid, make remittance to the Government treasury or designated banks within prescribed timeframes, apply rounding rules, and may not adjust deductions for prior debits in the agent's account. Recipients can seek lower or nil deduction via Form No.13D; payers must issue Form No.19D and file Forms No.26D, 26E and 26F as prescribed. Higher withholding rules under section 195 apply to non residents and non domestic companies.
Deduction of income-tax at source-Section 194B of the Income-tax Act, 1961-Deduction from winnings from lottery or crossword puzzle-Financial year 1977-78
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Deduction of tax at source on lottery winnings requires specified withholding rates and procedural compliance including certificates and quarterly returns.
Under Section 194B payers of lottery or crossword puzzle winnings above the exemption threshold must deduct tax at source at the specified 1977-78 rates; higher schedule-based rates apply where winnings constitute total income. Deductions apply to payments after specified dates, include cash plus in-kind values where prizes are mixed, apply to instalments when paid, and exclude commissions. Rounding and deposit rules, issuance of Form 19B, quarterly filing of Form 26B, and recipient applications in Form 13B for lower deduction are required under the Income-tax Rules, 1962.
Selection of cases for audit u/s 142(2A) of the Income-tax Act, 1961.
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Special audit selection under section 142(2A): criteria and procedural guidance for referring cases for audit.
Selection for special audit under section 142(2A) is limited to cases with specific indicia requiring independent probe. For companies this includes misfeasance or breach by officers, search and seizure or FX probes, foreign collaboration, foreign principals with Head Office deductions, substantial import/export activity, allegations of substantial evasion, or other information justifying audit; referrals should be selective, cover related assessment years where appropriate, and state reasons when submitted for CIT approval.
Cases completed under Summary Assessment Scheme may be entered in the D&C Register.
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Sample scrutiny selection eased by recording Summary Assessment Scheme cases separately by assessed income for random sampling.
Instruction directs that cases finalised under the Summary Assessment Scheme be entered in the D&C Register in two parts based on whether assessed income is below or at/above the stated threshold, to facilitate selection of cases for random sample scrutiny under the statutory assessment framework.
Review of Summary Assessment Scheme.
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Summary Assessment Scheme revised to raise thresholds and set exclusions, with procedural safeguards and sample scrutiny.
The Summary Assessment Scheme is revised to raise and standardise income thresholds for non company assessees; summary assessment applies to returns below those thresholds except for enumerated exclusions (substantial losses, first assessments, status or constitution changes, search cases, group investigations, penalty/prosecution history, significant escapement or fresh investments, reopened assessments, substantial agricultural income, and certain exemption claims). Company assessments are excluded. Procedural requirements include chronological processing, use of a check sheet, prescribed formats for orders, deficiency letter corrections for verification defects, limited demand notice issuance, and mandated sample scrutiny with recording and escalation of suspected concealment or fraud.
Deduction of tax at source-Income-tax deductions from salaries during 1977-78
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Deduction of tax at source: apply revised salary withholding rates and increased surcharge during the interim to avoid adjustments.
Deduction of tax at source from salaries for 1977-78 should follow the Finance (No.2) Bill, 1977 rates (including the raised surcharge) during the interim; no withholding is required unless estimated salary exceeds the statutory threshold. Perquisites are valued under Income tax Rules and included in estimated salary; certain compulsory deposits are ignored for withholding. Taxable salary is computed after allowing the prescribed standard deduction with specified limits and reductions, exemptions for specified allowances are excluded when computing that deduction, and allowable withholdable deductions include portions under section 80C and limited education expenditure under section 80FF. Disbursing officers must ensure correct recording of tax and surcharge and note penalties under section 276B for failure to deduct or pay.
Records not available to Revenue Audit Parties.
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Access to audit records must be granted; withholding on inadequate grounds discouraged and reported to supervisory authority.
Departments must produce all files and papers requisitioned by Revenue Audit Parties unless specific, recorded reasons justify non production; requisitions must be entered in a register and any withheld record must be accompanied by a specific note explaining the reason to the Revenue Audit Party. Senior officers are to exercise supervisory control to ensure timely availability of records, and failures to produce records should be reported to the Commissioner of Income tax for examination.
Debts incurred in relation to any property shall not be deducted in computing the net wealth of assessee.
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Deductibility of debts secured on exempt property limited: only debt attributable to includible property may be deducted.
Debts secured on or incurred in relation to property not chargeable to wealth tax, including asset classes exempt under the Act, are not deductible in computing net wealth. For partly exempt assets, the deduction must be apportioned in the assessee's favour so that only the portion of the debt attributable to the includible value of the property may be deducted.
Special provisions to pending writs and interim orders passed in the pending petitions.
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Writ jurisdiction curtailed: amended constitutional provisions limit High Court relief and require departmental review of pending petitions.
Constitutional amendments have narrowed High Court writ jurisdiction, requiring petitioners to show a fundamental-rights breach, substantial injury from a contravention of constitutional or statutory provisions, or an illegality causing substantial failure of justice; specific statutory remedies (such as an appeal or reference) will ordinarily preclude Article-based writ relief while interim orders in revenue matters may be denied in exceptional public-interest or large-scale evasion cases, and pending petitions and interim orders must be reviewed and, where appropriate, the department should move courts to secure dismissal or final orders.

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