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    Expression "immediately following assessment year".
    Weather personal liability for payment of tax could be fixed on Official Liquidator in view of section 178(4) of Act.
    Sections 40A(3) of the Income-tax Act, 1961--Payments in excess of Rs. 2,500 to be made by crossed cheques or crossed bank drafts--Suspension of clear...
    Section 40A(3) of the Income-tax Act, 1961--Payments in excess of Rs. 2,500 to be made by crossed cheques or crossed bank drafts--Suspension of cleari...
    Defective drafting of the assessment orders.
    Tighter vigilance to avoid audit objections.
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Expression "immediately following assessment year".
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Timing of tax deduction credit: credit is allowed in the assessee's assessment year corresponding to the relevant previous year-end.
The instruction states that credit for tax deducted at source must be given in the assessee's assessment year that immediately follows the assessee's relevant previous year-end. Because TDS is deemed income for computing the assessee's total income, the assessment year for credit is determined with reference to the relevant previous year of the assessee, not merely the financial year in which deduction occurred.
Weather personal liability for payment of tax could be fixed on Official Liquidator in view of section 178(4) of Act.
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Official liquidator liability: failure of tax officer to notify precludes personal liability, prompting procedural safeguards.
Where the tax officer fails to give the statutory intimation after the official liquidator has given notice of appointment, the liquidator cannot be regarded as having failed under the relevant provision and it is difficult to fix personal liability on him; tax officers should promptly ascertain and intimate tax and estimated capital gains liabilities, bring outstanding taxes to the court's notice in pending liquidation and may refer the liquidator's conduct for company law action, while recoveries through the liquidator do not preclude action against directors.
Sections 40A(3) of the Income-tax Act, 1961--Payments in excess of Rs. 2,500 to be made by crossed cheques or crossed bank drafts--Suspension of clearing operations by banks--Clarification regarding
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Crossed cheque requirement clarified for payments above threshold when bank clearing operations are suspended.
Circular No. 250 clarifies the application of the income tax rule requiring payments above the cashiering threshold to be made by crossed cheques or crossed bank drafts, and explains how that requirement operates when banks have suspended clearing operations, providing procedural guidance for compliance during interruptions to clearing facilities.
Section 40A(3) of the Income-tax Act, 1961--Payments in excess of Rs. 2,500 to be made by crossed cheques or crossed bank drafts--Suspension of clearing operations by banks--Clarification regarding
Show AI Summary
Suspension of cheque clearing qualifies as an exception to crossed cheque payment rules when evidence of genuine payment is supplied.
Section 40A(3)'s disallowance for payments not made by crossed cheque or draft is inapplicable where the assessing officer is satisfied that payment could not be made by crossed cheque/draft due to exceptional or unavoidable circumstances. Suspension or hold up of bank cheque clearing operations constitutes such circumstances. Payments made during that period will not be disallowed provided the assessee furnishes satisfactory evidence of the genuineness of the payment and the identity of the payee to the Income tax Officer.
Defective drafting of the assessment orders.
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Defective assessment drafting undermines appeals; orders must state reasons, examine evidence, and avoid mechanical penalties.
Defective drafting of assessment and penalty orders-failure to record facts, give fact based reasons for rejecting accounts or estimating profit, cite comparable cases, issue summons when burden warrants, examine affidavit deponents, allow adequate time for explanations, and provide itemised reasons for disallowances-leads to appellate losses. Commissioners must correct these shortcomings through instruction, inspection, adverse comment on defaulting officers, and by using AACs' confidential assistance to promote balanced, well reasoned assessments and non mechanical penalty orders.
Tighter vigilance to avoid audit objections.
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Advance tax compliance: stricter vigilance and prompt penalisation to prevent audit objections and ensure proper notices and credits.
The directive requires strict administrative vigilance to prevent audit objections relating to advance tax by ensuring adherence to Chapter XIV(a) of the Office Manual and Board circulars: ensure issuance of statutory notices, levy penal interest or penalty where justified (with notes when waived), invoke statutory provisions for under-estimation or postponement, enforce recovery procedures for instalment defaults including continuing penalties until regular assessment, and maintain prompt, accurate crediting of payments through strengthened recordkeeping and supervisory inspections.

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Acts Income Tax