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Circulars
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Sec.285A(2)-Discretion of Commissioners.
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Discretion to impose fines must be recorded when declined, otherwise audit may object to undocumented decisions.
Section 285A(2) vests the Commissioner with discretion to impose a daily fine for breaches of Section 285A(1); Commissioners must ensure defaults are brought to their notice. If the Commissioner decides not to impose a fine, a contemporaneous record of that conscious decision and its rationale must be placed on file. Proper, documented exercise of this discretion will normally preclude Audit from questioning the Commissioner's judicial exercise of discretion.
Notice u/s 269D(1).
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Accuracy of acquisition notices: ensure correct transferor and transferee names and supervisory verification before issuing notices.
The Board directs that notices under section 269D(1) must accurately record transferor and transferee names; Inspectors must report facts carefully and the competent authority must personally verify conveyance deeds before issuing notices to avoid vitiation of acquisition proceedings.
Setting up of special messenger arrangements in public sector banks- Proper liason with managers.
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Special messenger arrangements required to ensure same-day bank transmission of tax collections, with delays escalated for resolution.
Authorised public sector banks must implement daily special messenger arrangements from 17 March 1980 to transmit tax collection scrolls and challans to focal point branches, with Reserve Bank focal offices clearing any backlog by 15 March 1980. Tax offices must maintain liaison with local bank managers and perform daily checking of received scrolls/challans to identify non-compliant sending branches. Delays in receipt exceeding two days must be raised immediately with focal branch managers and, if unresolved, escalated to the Chief Controller of Accounts or the issuing official for referral to the Reserve Bank or bank head offices.
Guidelines for valuation of lessor's interest in lease-hold properties.
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Valuation of lessor's interest must reflect rent stream and reversionary value adjusted for rent control and renewal rights.
Valuation of a lessor's interest comprises the lessor's right to receive rent during the lease and the reversionary interest on lease determination; assessment must reflect the certainty and timing of reversion, accounting for the impact of rent control protections and recognized exceptions, and must take lease provisions on renewal into account when estimating income duration and prospect of reversion.
Requirement of an order levying interest u/s 216.
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Interest under section 216 requires recorded reasons and prior hearing of the assessee before levy.
Levy of interest under section 216 requires a speaking order recording reasons that the reduction or deferment of instalments arose from underestimation of advance tax or wrongful deferment by the assessee; the assessing officer must hear the assessee, assess the mens rea, and record findings and rationale in the assessment order to enable appellate review.
Computation of total income of film artist paid through annuity policy.
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Annuity taxation timing: film artists include only annuity instalments when policy meets specified contractual conditions.
Where a film artist on the cash system is remunerated by annuity policy, only the annuity instalments actually paid in a year are includible in that year's total income if the policy and agreement satisfy specified features (annual payment for a term, annuitant status, irrevocable assignment or power to collect, non-commutability and absence of surrender value, and non-assignability of annuity/interest). Absent those features, the amount paid by the producer to purchase the policy is includible in the year of purchase; cases must be examined against these conditions and the instruction applies to film artists only.
Procedure for transfer of cases on completion of investigation.
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Transfer of assessment cases requires assessee consultation; Board hearing is required when the transfer changes place.
Procedure for transfer of assessment cases from Central Charges to territorial Income-tax Officers after investigation: the Board may order transfers without change of place; where transfer involves a change of place the Board must afford a hearing. Commissioners should obtain written no-objection confirmations from assessees and forward them with proposals; if an assessee objects, the objections and the Commissioner's comments should be sent to the Board for consideration and an opportunity to be heard. This applies only to decentralisation after investigations are completed.
Estate Duty-Scope of Sec.33(1)(f) and Rule 31-A.
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Estate duty exemption applies to insurance proceeds even if the policy assignment is forwarded after the prescribed period.
The exemption under section 33(1)(f) applies to money payable under an insurance policy assigned for payment of estate duty irrespective of whether the policy was forwarded to the Controller within the three month period prescribed by Rule 31 A; consequently the Controller may accept a policy on behalf of the President even if it was not deposited within that period.
Deduction of income-tax at source-sections 194B of the Income-tax Act, 1961-Prizes awarded to the agents under "Lucky dip draws", etc.-Clarification regarding
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Deduction of tax at source on lottery prizes: withholding required for lucky dip payments to agents under lottery tax rules.
Prizes awarded to lottery agents in 'lucky dip draws' are lotteries dependent wholly on chance and therefore subject to deduction of tax at source; State Governments and Union Territories running lotteries are requested to deduct tax at source at the rates prescribed by the annual Finance Act from such lucky dip prizes and to bring this clarification to the notice of all concerned.
Estate Duty-Scope of the word 'disposition' u/s 27(1).
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Disposition under estate duty: treating unilateral transfer into HUF hotchpotch as a disposition with limited effect.
The Board advised that declaring self acquired property thrown into the HUF hotchpotch would amount to a disposition under the Estate Duty Act; it constitutes a disposition in favour of a relative if the HUF members at the time are covered by the statutory definition of "relative," and where only some members qualify the disposition applies only to the shares of those qualifying members.
Estate Duty - Passing of benami property.
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Benami property passing: treated as passing on death of ostensible owner and alternatively on death of real owner.
Benami property is treated as passing on the death of the ostensible owner and is includible in the estate under the estate duty regime on that event; the CBDT instruction of February 1, 1980, records this view. The instruction also records that benami property will be held to pass on the death of the real owner for estate duty purposes, reflecting an alternative basis for inclusion.
Section.16(1) - Standard deduction admissibility to pensioner - Reference applications not to be filed unless tax effect is beyond specified limit.
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Standard deduction admissibility: pensioners not entitled under section 16(1); refer cases only if significant tax effect.
The Board affirms that the standard deduction is not admissible to a pensioner based on the statutory language and Ministry of Law advice, notes conflicting ITAT decisions granting the deduction, and directs that fresh reference applications should not be filed unless the tax effect exceeds the specified minimum; appeals on the question are to be held pending enactment of clarifying provisions.
Interpretation of Sec.35B.
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Weighted deduction under Sec.35B: place of expenditure irrelevant except specific exclusion; apportionment and evidentiary burden required.
Entitlement to weighted deduction under Section 35B depends on whether expenditure falls within clause (b) sub clauses; place of expenditure is irrelevant except for explicit exclusions in sub clause (iii). Composite and common expenses may be proportionately apportioned to qualifying activities. The assessee must prove that expenditures are incurred wholly and exclusively for specified activities. The Board agrees with the tribunal's interpretative principles but expresses reservations about specific factual apportionments, notably substantial salary allocations to export activities and treatment of insurance paid to export credit guarantee bodies.
Estate Duty - Interpretation of Sec.73A - Applicability of penalty.
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Limitation under Section 73A does not preclude levying penalty for late voluntary estate duty returns.
Section 73A bars revenue authorities from commencing estate duty proceedings after five years, but a return voluntarily filed after that period remains a return under the filing provisions and may be assessed; moreover, penalty proceedings for late filing may be initiated and penalty levied where a person without reasonable cause failed to deliver the required accounts or return within the stipulated time.
Scope of provision of Sec.35B.
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Weighted deduction for export market development depends on expenses being incurred wholly and exclusively within specified eligible items.
Entitlement to a weighted deduction for export market development depends on whether the expenditure falls wholly and exclusively within items enumerated in clause (b) of subsection (1); actual exports or profits are irrelevant. Composite expenditures must be bifurcated so only qualifying portions receive the deduction. Where an expense could fall under both a restrictive sub-clause and a broader sub-clause, the broader sub-clause will generally apply, subject to facts. Agent commissions qualify only if they relate to specified services and are not disguised remissions or trade discounts.
Wealth Tax-Clarification of Sec.5(1)(xxxiii).
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Wealth tax exemption period begins in the assessment year following return to India and runs consecutively.
The provision grants a seven-assessment-year wealth-tax exemption commencing in the assessment year immediately following a person's return to India, with no intervening gap; the clause applies only prospectively from its commencement and is not available to persons who returned to India prior to the provision coming into force.
Procedure for writing off of non-live cases.
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Write-off of small tax arrears: non-live case entries meeting specified criteria to be removed administratively under instruction.
Small, long outstanding income tax demand entries at or below the specified low value raised before the cut off year shall be written off without inquiry where they meet the non-live case criteria: no return or assessment action in the latest three years, no attachment of existing property, no instalment scheme, and not assigned to specified specialized circles or search and seizure or assessment assignments. Each removal must be recorded in the "Amounts written off" part of the Irrecoverable Demand Register, listed in duplicate for the Tax Recovery Officer, and reflected in the annual remission statement.
Wealth Tax-Interpretation of Rule 1D - Board instructs officers to take note of high court order.
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Rule 1D interpretation: Tribunal must apply valuation rules when assessing unquoted shares, directing departmental appeals accordingly.
The High Court held that the Tribunal's powers under section 24(5) are not different from those of the assessing authority and must be exercised in accordance with the Act and rules; the expression "as it thinks fit" does not permit disregarding the binding effect of Rule 1D. The Board instructs officers to note this decision and for Departmental Representatives to present the departmental case before the Appellate Tribunal in light of that interpretation.
Special cell in Board for disposal of public grievances.
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Public grievance cell under Chairman CBDT to be publicised department-wide and grievances disposed within a set timeframe.
A Special Cell under the Chairman CBDT is to be publicised to all staff; reports of grievance disposal must be sent to the Board within seven days, and Public Relations Officers must publicise the Cell, clear outstanding complaints such as delayed refunds, and furnish information to enquiring members of the public.

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