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    Circulars
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    731/CBDT.
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    Tax deduction at source compliance: verify employee certificates against annual TDS returns before accepting claims or refunds.
    Employers must reconcile employee certificates in Form No.16 evidencing tax deducted at source with the annual return in Form No.24; tax officers should scrutinise and compare figures in both documents before accepting claims or allowing refunds to prevent revenue loss and detect bogus certificates.
    734/CBDT.
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    Valuation procedure for estate duty requires reliance on Valuation Cell estimates for immovable property valuation.
    References for valuation of immovable property under the Estate Duty Act must be made selectively and follow territorial jurisdiction rules applicable under the Wealth-tax Act. References are to be made to District Valuation Officers, who will themselves deal with higher-value properties and decide allocation to Valuation Officers or Assistant Valuation Officers for lesser-value properties. The Assistant Controller of Estate Duty should ordinarily pass assessment orders in conformity with the Valuation Cell's estimate, but may refer disagreements to the Controller of Estate Duty for consultation with the Regional Valuation Officer.
    730/CBDT.
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    Tax Deduction at Source credit: procedures for correcting overlooked dividend TDS and remedies after assessment.
    Procedure requires rectification where dividend warrants filed before assessment were overlooked, using the rectification provision, and where warrants are produced after assessment they constitute new evidence; available remedies include objection within the prescribed period for summary assessments, appeal or revision for scrutinised assessments, and referral by Commissioners to the Board for condonation of delay; references to existing guidance on refund applications and missed investment receipts are noted.
    729/CBDT.
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    Donations in kind treated as eligible for charitable deduction in some charges, while others must deny such relief.
    The Board states that High Court decisions treat donations in kind as eligible for deduction under the charitable donation provision but the Board does not accept those rulings; accordingly, Income tax Officers in the Bombay and Mysore charges may follow the decisions while Officers in other charges are instructed not to allow relief for donations in kind and to bring the instruction to the notice of all officers.
    728/CBDT.
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    Inclusion of deceased partner's goodwill interest: estate duty assessment should include value where heirs are denied rights.
    The Board advises that where a partnership deed excludes heirs' rights to goodwill and the firm continues on a partner's death, the cessation of the deceased's interest benefits the surviving partners; therefore the value of the deceased partner's interest in the firm's goodwill should be included in the deceased's estate for estate duty assessment, and this instruction applies to all officers except those in the Gujarat charge.
    727/CBDT.
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    Assessee status verification required to ensure correct tax-rate application; officers must record status in assessment orders.
    Income tax Officers must record the status and nature of the assessee in the assessment order against column No.3 of the assessment form and verify particulars from the assessment order, supporting documents and past records to ensure the correct tax rate is applied and to prevent undercharge or overcharge in income tax computation.
    Taxability of subsidy - Revenue receipt or capital receipt - "10 per cent Central Outright Grant of Subsidy Scheme, 1971"
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    Capital receipt: central outright grant subsidy treated as capital contribution to industrial units, not a revenue receipt.
    Amounts under the 10 per cent Central Outright Grant of Subsidy Scheme are treated as capital receipt because the subsidy is a contribution towards capital outlay, its quantum is determined with reference to fixed capital (with working capital excluded), and recipients must remain in production for a prescribed period, evidencing the capital character for income-tax purposes.
    726/CBDT.
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    Wealth tax exemption for firm-owned house does not extend to partners' individual wealth assessments, Board notes pending broader query.
    The taxing authority's position is that a house owned by a firm does not entitle the firm's partners to the house-related wealth-tax exemption in their individual net wealth assessments; the broader question of whether exemptions apply in computing a firm's net wealth under the wealth-tax rules remains under consideration.
    725/CBDT.
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    Deduction for stamp duty under section 18A clarified: compute credit using aggregate gift tax and an average rate per property.
    The board clarifies that for Section 18-A the gift-tax payable in respect of any particular property is calculated by first computing gift-tax on the aggregate of taxable gifts for the year, then deriving an average rate by dividing the aggregate gift-tax demand before credits by the total taxable gifts, and finally apportioning the stamp duty credit to each property by applying that average rate to the property's taxable amount.
    724/CBDT.
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    Net wealth interpretation may follow commercial principles in specific charges; affected taxpayers should seek higher judicial reconsideration routes.
    The Board addresses whether net wealth under Rule 2 is to be determined by commercial principles or by the Act's definition. It notes a High Court decision adopting commercial principles is binding in certain charges but may not apply to assessments after the Rules were amended to align undefined Rule terms with the Act. The Board directs that, in subsequent or similar cases, officials seek High Court reconsideration citing a contrary High Court decision; if the Tribunal will not state a case, request the High Court to direct one, and if reconsideration is refused, consider pursuing leave to a higher judicial forum.
    723/CBDT.
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    Heads of Accounts revision for estate, wealth, gift and expenditure taxes; update challans and note omission of advance payments.
    Adopt the revised Heads of Accounts for Estate Duty, Wealth tax, Gift tax and Expenditure Tax effective 1 April 1974 as set out in the enclosed schedule; use the specified major, minor and detailed heads for 1974-75 transactions and indicate those heads on challans. Note that the prior minor head for Advance payments under Gift Tax has been omitted and clarification is being sought, with further instructions to follow.
    722/CBDT.
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    Treatment of unregistered firm as registered under section 183(b) results in both firm and partners being taxed.
    Section 183(b) authorises an assessing officer to treat an unregistered firm as registered where the officer considers the aggregate tax payable by the firm and its partners as registered exceeds the tax payable if the firm were unregistered; after amendment the legal effect is that registration under this provision does not exempt the firm from tax and both firm and partners will be liable, and officers must examine applicability and perform this comparison before finalising assessments.
    Date of encashment of cheque is the date of payment of tax in terms of rule 81 of Treasury Rules
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    Date of encashment of cheque determines tax payment timing, overriding cheque presentation rules under treasury guidance.
    Date of encashment of a cheque constitutes the tax payment date where the department has prescribed conditions under the Treasury Rules; the Board's circular treating realised cheque proceeds as the payment date is permissible and displaces the general cheque presentation rule relied on by taxpayers seeking interest, and cheques must be sent to the bank without delay.
    720/CBDT.
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    Outstanding professional fees as assets: pleading-only advocates' unpaid fees are not treated as recoverable assets, others remain assessable.
    Outstanding professional fees are generally assets under section 2(e) of the Wealth-tax Act, but fees outstanding on the valuation date in respect of advocates who only plead and do not act are not legally recoverable and therefore are not assets. This exclusion covers pleading-only advocates on the original side of Calcutta and Bombay High Courts, non-advocate-on-record Supreme Court pleaders, and senior advocates briefed by juniors who do not act. Fees of other advocates and solicitors remain assets. Officers should apply the clarification to pending cases; closed cases need not be revised.
    721/CBDT.
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    Authority to write off irrecoverable tax arrears: Commissioners may remove retained arrears after committee recommendation.
    Where amounts retained on the register for possible future recovery are below the specified threshold, the Commissioner of Income tax is competent to write off those arrears under his own powers provided the Zonal Committee or Local Committee is satisfied that the outstanding arrears are irrecoverable and recommends write off; the procedure applies mutatis mutandis to Muslim evacuee arrears transferred to a separate portie of the D & C register.
    719/CBDT.
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    Statutory procedure for audit objections: invoke specified surtax, wealth tax and gift tax provisions to ensure enforceable orders.
    When remedial action is contemplated to give effect to audit objections in contentious cases, officers should, where applicable, invoke the specific statutory mechanisms of section 16 of the Surtax Act, section 25(2) of the Wealth-tax Act, and section 24(2) of the Gift-tax Act rather than resorting to broader remedial provisions that risk reversal on appeal; this direction aims to avoid wasted effort and potential revenue loss.
    718/CBDT.
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    Delay in tax assessments: directive to identify dilatory cases, expedite reassessments and enforce collection promptly.
    Directive requiring officers to identify and quantify cases where inordinate delay, dilatory tactics or judicial injunctions have impeded finalisation of assessments and collection of demands; to record steps taken to expedite resolution in chronic cases; to take immediate remedial action to prevent abuse of procedure and ensure prompt reassessment and recovery; and to submit a consolidated report to the Board by the specified deadline.
    717/CBDT.
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    Recording of Permanent Account Numbers required in demand registers; annual test checks and officer-certified reporting mandated.
    Full addresses and Permanent Account Numbers must be recorded in the Demand & Collection Register when entering original or arrear demands. Periodic test check verifications of current and arrear demand entries must be made at least annually, with senior officers nominated to conduct checks. Detected omissions require broader review and correction, officer certification of remedial steps, and submission of a report to the Board.
    715/CBDT.
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    Tax clearance certificate process must be prompt and ensure provision for existing tax liabilities to protect revenue.
    Applications for tax clearance certificates must be processed within a week, using information in the applications to secure tax liabilities. Existing liability includes both ascertained liabilities and liabilities that have accrued but are yet to be quantified; applicants must discharge ascertained liabilities and provide for unquantified ones. Officers must consult the assessing Income-tax Officer and send intimations to assessors and parties before issuing certificates to safeguard revenue.
    714/CBDT.
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    Hindu Undivided Family status may attach to ancestral or partitioned property despite a single male member, affecting tax assessment.
    Where property is ancestral or joint family property or could become so on emergence of another coparcener, it should be regarded as belonging to a Hindu Undivided Family for assessment purposes even if only one male member exists, provided there is a female entitled to an interest; however, an unmarried individual or a widower who acquires joint family property on partition and has no persons entitled to claim against his estate will not ordinarily constitute a Hindu Undivided Family for tax assessment.

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