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Circulars
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Declarations made u/s 3(1) Income - Tax Act, 1961.
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Voluntary disclosure of income and wealth: declared assets receive conditional wealth-tax exemption but must be included in future returns.
Declared undisclosed income under the Voluntary Disclosure of Income and Wealth Act, 1976 is exempt from wealth-tax up to assessment year 1975-76 if statutory conditions (income-tax payment, specified bond investment, and book adjustments) are met. Declarants must include assets in wealth-tax returns from assessment year 1976-77 and file returns if newly liable; failure may attract penalties. Commissioners shall forward statements of disclosed income to the relevant Income-tax/Wealth-tax Officer, who must confidentially verify declaration validity, ensure inclusion/assessment of assets and gains, and initiate proceedings to record declarants when warranted, while avoiding roving enquiries.
Explanation to section 185(1) of the Income-tax Act, 1961-Filing of Form No.12A in the case of coparcener of HUF being a partner in a firm-Clarification regarding
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Benamidar status of coparcener clarified: no obligation to file Form 12A when HUF coparcener is partner.
The Board states that a coparcener of an HUF, even when acting as a partner in a firm on behalf of the HUF, cannot be regarded as a benamidar of the HUF within the meaning of the Explanation; consequently there is no obligation to file Form No.12A in such cases.
Collection of tax in dispute be held in abeyance till the decision on the appeal by the AAC.
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Stay of tax collection pending appeal where assessment greatly exceeds return and recovery would cause hardship.
Collection of tax under dispute should be held in abeyance pending first appeal where assessed income substantially exceeds returned income or where substantial points of dispute make recovery likely to cause hardship. The ITO may pass orders under section 220(6) in ordinary cases, but where additions follow directions of the Inspecting Assistant Commissioner the ITO must obtain prior administrative approval of that officer. Commissioners must ensure prompt disposal of such appeals to avoid arrears; the ITO's discretion in other suitable cases remains unaffected.
Guidelines for assessments of all political parties.
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Assessment moratorium for political parties pending uniform Board guidelines; do not finalise assessments except for time-bar reasons.
The Board directs that assessments of all political parties be held over pending issuance of general guidelines to ensure uniformity; Income-tax Officers should not finalise such assessments except where time-barring (statute-of-limitations) considerations make completion necessary.
Clarification of provisions of s 69D of Income Tax Act, 1961.
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Section 69D clarification on darshani hundi: non-recognised transactions must be referred to Commissioners for Board guidance.
The clarification directs that the Board's Circular No.221 governs darshani hundi transactions within the three specified categories in paragraph 4 and that Income tax Officers must apply those rules. Transactions not falling within those categories must be referred to Commissioners, who are to bring such cases to the Board's attention so that further instructions may be issued.
Deposit under "Own Your Telephone" Scheme-Taxability under Wealth-tax Act, 1957-Clarification regarding
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Advance payment under telephone scheme treated as asset but excluded from net wealth unless shown by the taxpayer.
The Board treats payments under the "Own Your Telephone" Scheme as an advance payment of rent; unadjusted balances at valuation dates are debts due to the assessee and generally assets for wealth-tax assessment, but the Board advises they should not be added to total wealth unless the assessee has shown them as assets in his accounts or balance-sheet.
Section 69D of the Income-tax Act, 1961--Clarification regarding
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Darshani hundi treatment: specified transactions not treated as borrowal and excluded from applicability of section 69D.
The circular clarifies that section 69D does not apply to certain Darshani hundi transactions where the hundi serves for remittance, settlement, or operates under an existing credit facility rather than creating a new debtor-creditor relation: (i) rakhya obtaining a hundi from a drawer in favour of a payee (including where a running/overdraft account exists); (ii) purchaser-seller hundis to pay for goods or settle accounts; and (iii) hundi-book drawals under an indigenous banker's credit facility. Other Darshani hundis require fact-specific examination for borrowal.
Dividends - Transfer of unpaid dividend ‑ Scope of the section explained in the context of expressions “has not been paid” and “warrant in respect thereof has not been posted” used therein.
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Unpaid dividend treatment: funds must be placed in a special unpaid dividend account pending claim or transfer to government.
Unclaimed dividends, even when the dividend warrant has been posted within the statutory posting period but remains uncashed, must be deposited into a special unpaid dividend account. This segregation treats declared dividends as debts owed to shareholders, prevents company use of those funds for day-to-day business, allows payment to shareholders on demand within the statutory claim period, and requires subsequent deposit with the Central Government if not claimed within that period.
Section 40A(3) of the Income-tax Act, 1961--Rule 6DD(j) of the Income-tax Rules, 1962--Clarification regarding
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Cash payment exceptions under section 40A(3) permit non-crossed payments when unavoidable and supported by genuine evidence.
Payments made otherwise than by crossed cheque or bank draft will not be disallowed if the taxpayer establishes the genuineness of the payment, identifies the payee, and persuades the tax officer that payment fell within exceptions such as exceptional or unavoidable circumstances or impracticability or genuine difficulty for the payee. Illustrative examples include new trading relationships, absence of bank accounts, bank holidays, seller refusal, commission agent requirements, and cash discounts. A seller's letter with identification particulars is recommended and the tax officer must record satisfaction before allowing the benefit.
Valuation of a partner's right to share the profits of the firm without the right to share the assets
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Valuation of partner's profit sharing right prescribed under Gift tax Rules; circular mandates a specified calculation method for assessment.
A circular directs a prescribed method for computing the value of a partner's right to share firm profits without a right to share the assets, instructing Commissioners of Income-tax and Gift-tax to apply the calculation procedure set out in the annexure when assessing such profit sharing rights for gift tax purposes. The directive establishes that the monetary worth of this income entitlement, distinct from any interest in firm assets, must be determined by the specified annexed mechanism.
Valuation of a partner's interest in a firm.
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Valuation of partner's interest requires adding goodwill where asset rights exist and assessing consideration for profit-only shares.
Valuation issues arise when partnership shares are allotted or altered without adequate consideration. Rights to both profits and assets require adding goodwill to the market value of assets when valuing transfers for gift tax purposes. Rights to profits only are to be valued by the capitalisation of income method as set out in the governing circular. The Gift tax Officer must assess whether a gift exists by examining consideration received by the transferee - capital, labour, or both - and determine its adequacy.
Additional credit of 10% of the gift-tax paid u/s 18 of the Gift -Tax Act.
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Additional credit for gift tax revised to a smaller fractional credit with a statutory cap on the allowable adjustment.
The Instruction clarifies that under the amended section 18 the assessee is entitled to an additional credit equal to a fractional portion of the gift-tax paid, subject to a statutory ceiling that the additional credit in no case exceed a specified fraction of the tax due on the gift; earlier references to the prior rate apply only to the pre-amendment position.
Instruction no.123 modified.
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Recordkeeping obligations require officers to personally enter current demands and certify carried-forward arrears with verification.
Income-tax Officers must personally record particulars of current demands in the Demand and Collection Register; UDCs may fill non-demand columns in certain wards but officers must ensure accuracy. Carrying forward arrear demand is to be executed by Inspectors/Head Clerks/Supervisors in specified wards and by UDCs in Salary/Summary wards, with the official appending a signed certificate and printed name on the first page. A special squad led by a Head Clerk or Supervisor, constituted by the Inspecting Assistant Commissioner from his range, will verify and reconcile arrears and sign certificates; each ITO must test-check a sample and is overall responsible for correct carryover and verification.
Inclusion of gifts by the deceased during his life time.
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Inclusion of gifts: gifts may be included in estate value and debt abatement invoked simultaneously when conditions are met.
Sections 9 and 10 include gifts made by the deceased during his lifetime in the estate's principal value, while Section 46 permits proportional abatement of debts where consideration comprised property derived from the deceased or was provided by a person whose resources included such property; inclusion under Sections 9/10 and abatement under Section 46 may be invoked simultaneously if the conditions of those sections are met.
Correctness of any order passed by the Appellate Controller u/s 63(2) of the Estate Duty Act, 1953.
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Appeal under section 63(2): Controllers must receive appellate orders and file appeals in their own names promptly.
The Controller may appeal Appellate Controller orders where not satisfied; because the inclusive definition of Controller includes Assistant Controllers, differing dates of service can complicate computation of the appeal limitation. The Board directs Appellate Controllers to communicate orders to the Controller, requires Assistant Controllers to notify Controllers immediately of any orders served on them, and mandates that appeals be filed by the Controller in the Controller's own name.
Form of assignment in Rule 31 of the E.D. Rules.
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Assignment reversion on maturity: assigned life insurance benefits revert to the assured without need for reassignment orders.
When a life insurance policy assigned for estate duty matures during the assured's lifetime or is surrendered, the benefits and right to receive moneys revert automatically to the assured as if the assignment had not been made, and no separate Central Government order is necessary to reassign the policy.
Provisions u/s 119(2)(b) ,239(2),Income Tax Act.
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Refund claim timeliness: departmental delay may be remedied by waiver or condonation to allow assessment completion and refund.
Where a valid refund claim is filed in time but departmental delay causes assessment completion to be barred by limitation, the Central Government may be authorised to waive the assessment time limit so the refund can be granted; such cases are to be referred to the Board and Commissioners must fix responsibility. For late claims, the Board may invoke condonation powers to authorise assessment completion beyond time in deserving cases, deciding each case on its merits.
Warning by the CIT.
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Issuance of warning: decision and administration divided between Commissioners, with requirement to consult and communicate case facts.
Procedure for issuing warnings allocates roles between Commissioners: the Commissioner in whose charge the mistake occurred decides whether to call for explanation, records whether the mistake was bonafide, and determines acceptability of the explanation. If a warning is to be issued, that Commissioner makes the final decision but must communicate facts to the Commissioner under whom the officer works, who will administer the warning. For contemplated disciplinary action, the Commissioner under whom the officer works will take all steps in consultation with the Commissioner in whose charge the mistake occurred.
Applicability of section 4(1)(a) of the Gift Tax Act.
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Applicability of gift tax: require simultaneous initiation of gift tax proceedings when income tax approvals are granted.
Applicability of section 4(1)(a) of the Gift Tax Act must be examined whenever income tax proposals requiring prior approval are considered, and approving authorities should simultaneously direct assessing officers to initiate gift tax proceedings so that gift tax assessment proceeds in parallel with income tax approvals.
Investment in National Savings Certificates, etc.-Exemption on holdings in the names of minor children
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Exemption for family-held tax-free savings certificates allowed up to prescribed individual and joint investment limits.
Exemption is allowed on interest from specified tax-free savings certificates and accounts held in the names of an assessee's spouse and minor children up to the prescribed individual or joint investment limits; ceilings for discontinued certificates are inclusive of current National Savings Certificate limits, and remedial relief must be granted where exemption was not previously allowed.

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