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    Circulars
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    713/CBDT.
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    Reclassification of government receipt heads mandates new account heads and requires using them on public challans.
    Instruction requires adoption of revised heads of Accounts for government receipts from the specified financial year, distinguishing a separate head for Corporation Tax and a separate head for taxes on income other than corporation tax. Departments must use the enclosed list of minor and detailed heads for transactions for that year, indicate those heads on public challans, and await further guidance on legacy surcharge heads that are not listed.
    Approval of agreement under which assessee-company receives royalty, etc., from any concern in India which is eligible for deduction under the section - Guidelines therefor
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    Approval of technical know how agreements: Board may approve composite agreements subject to disallowance for non qualifying items.
    The Board will approve agreements under section 80MM only where they genuinely provide specified technical know how likely to assist defined productive operations, are entered into on or after 1 April 1969 (with Indian company eligibility rules effective from 1 April 1975), and are not collusive or vague. Composite agreements combining qualifying and non qualifying items will be approved, where practicable, subject to suitable disallowance for non qualifying components; otherwise approval may be refused. Applicants must submit certified copies of the agreement and a detailed proforma of disclosures.
    Practice of giving advertisement in newspapers relating to public issue - Advertisement should not be published between date of announcement and date of closing of subscription list
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    Advertisement restriction: ban on publishing issue-related publicity between announcement and subscription closing to curb misleading claims.
    Companies and their issue agents must not publish any newspaper material relating to a public issue between the date of announcement and the date of closing of the subscription list; managements should also refrain from making optimistic, unsupported representations at pre-issue press conferences, to avoid misleading claims about dividends, capital appreciation or project prospects.
    712/CBDT.
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    Existing liability under section 230A excludes capital gains from proposed transfers, so certificates cannot factor anticipated gains.
    The instruction explains that existing liability for certificate issuance includes ascertained taxes and taxes already accrued under a chargeable provision (such as estimated wealth-tax pending assessment), but explicitly excludes liability to capital gains arising from a proposed transfer; Income-tax Officers therefore must not treat anticipated capital gains tax on a proposed sale as an existing liability when issuing the certificate.
    711/CBDT.
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    Gift-tax liability arises when a sole surviving coparcener treats ancestral property as self-acquired and makes gifts.
    When only one coparcener of a Mitakshara HUF remains, ancestral property held by that coparcener is treated as equivalent to self-acquired property, and gifts made by that sole coparcener are liable to gift-tax. This stance is to be distinguished from HUFs with multiple coparceners, where the Karta's power to make gifts is limited and different legal constraints may apply; factual circumstances suggesting a sham gift or the existence of a potential heir may restrict gifting power.
    710/CBDT.
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    Reassessment approval: successor assessing officer may rely on predecessor's reasons if same, but must record independent application of mind.
    Approval for reopening assessments may rest on reasons recorded by a transferred assessing officer so long as the successor officer's reasons are not different; the successor need not obtain fresh approval but must apply independent judgment and record that he has reached the same conclusion and that approval for reopening has been obtained.
    709/CBDT.
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    Penalty waiver disclosure: orders must state the amount waived to ensure proper approval and clear administrative records.
    Commissioners must specify the precise amount of penalty waived or reduced in orders granting penalty relief so that the order is a speaking order, enhances administrative transparency, and enables the Commissioner to determine in advance whether approval under the statutory proviso is required.
    648/CBDT.
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    Application of valuation provision should exclude bona fide property transactions while targeting routine undervaluation.
    Application of the valuation provision in property transfer assessments targets transactions where the deeded amount is materially lower than actual receipts to defeat unaccounted cash; tax officers should keep the parliamentary assurance in mind and not invoke the provision in demonstrably bona fide transfers while using it against routine undervaluation.
    Instructions for deduction of tax at source from dividends during financial year 1974-75 at the rates specified in Part II of First Schedule to Finance Act, 1974
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    Tax deduction at source on dividends requires withholding at prescribed rates for residents, non residents and companies during the financial year.
    Principal officers of Indian companies or companies making prescribed dividend arrangements must deduct tax at source on any dividend payment before payment or distribution. Payors must apply the specified withholding rates for resident and non resident persons - residents at a stated income tax rate plus surcharge; non residents at a higher income tax rate plus surcharge or, if greater, tax and surcharge computed under the alternative schedule. Companies receive different withholding treatment: domestic and non domestic companies are charged distinct income tax rates with corresponding surcharges.
    Amendments at a glance, Rate structure, Amendments to Income-tax Act, Amendments to Wealth-tax Act , Amendments to Companies (Profits) Surtax Act
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    Standard deduction for salaried taxpayers simplifies taxable salary computation and makes optional return filing available for eligible employees.
    Revisions recast rate schedules and surcharge treatment, continue partial integration of agricultural income for rate and advance tax purposes, and introduce ancillary computation rules. Key operative measures replace itemised employment deductions with a capped standard deduction and allow optional return filing for eligible salaried taxpayers; liberalise and cap gratuity and commutation exemptions; restrict or condition concessions for technical services and foreign dividends on convertible foreign exchange remittance; permit transfer between recognised provident funds without loss of tax relief; allow carry forward of defined race horse losses; and reform wealth tax treatment of annuities, insurance interests and agricultural/building exemptions.
    707/CBDT.
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    Deduction for foreign-source professional income: freelance journalists treated as authors may qualify for tax concession, but employee journalists are excluded.
    A twenty-five percent deduction is allowed for foreign-source income received in India by resident individuals in specified creative professions; occasional freelance journalists who are not employees and are paid by foreign principals solely for stories used may qualify as authors for this deduction, whereas journalists employed by overseas principals do not qualify. Determination of entitlement where retainers and per-piece payments coexist requires examination of all relevant facts, including terms of engagement and manner of payment.
    706/CBDT.
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    Disclosure of pending Board consideration prohibited; field communications must avoid such statements unless law requires Board orders.
    Field tax authorities must stop informing assessees that matters are "under the consideration of the Board" or that decisions await Board instructions, and should give no such indication in communications except where direct tax laws require Board orders.
    705/CBDT.
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    Challan verification: ensure monthly matching of Daily Collection Register with Treasury and Demand and Collection Register.
    Challans must be entered in the Daily Collection Register, posted to wards/circles and recorded in the Demand and Collection Register. At month-end, the Daily Collection Register must be reconciled item-by-item with treasury bookings and certified by the Treasury Officer. An Inspector must compare and initial postings between the Daily Collection Register and the Demand and Collection Register to prevent unrecorded or improperly posted collections. Commissioners must ensure strict monthly verification to avoid missing credits and erroneous outstanding tax records.
    Whether, in computing capital gains on sale of motor car to which proviso to section 43(1) applies for the purposes of depreciation allowance, actual cost has to be historic and true cost of acquisition or actual cost as artificially reduced
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    Capital gains computation must use historic cost for motor cars despite depreciation cost limits, affecting gain or loss calculation.
    For capital gains on sale of a motor car, the historic and true cost of acquisition is to be taken, notwithstanding the proviso that limits "actual cost" for depreciation purposes. The definition of "actual cost" in the income provisions is confined to sections relating to business income and depreciation; it should not be extended to capital gains computation. Written down value and proportionate adjustments apply for depreciation and related business profit adjustments, but the full purchase cost governs capital gains calculation.
    708/CBDT.
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    Applicability of Section 52(2) clarified: earlier instructions withdrawn, March circular directions remain binding on officers.
    Prior administrative guidance on the applicability of Section 52(2) is rescinded: Instruction No.648 and paragraph 65 of Circular No.20 are withdrawn, while the Board's directions in Circular No.132 dated 26 March 1974 remain in force and must be followed by Income-tax Officers.
    704/CBDT.
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    Waiver of interest for delayed tax returns due to form shortages; income tax officers to grant extensions liberally.
    Where shortage or delayed supply of printed return forms prevents a taxpayer from filing income-tax or net-wealth returns by the due date, the assessing officer should grant a liberal extension of time to that taxpayer, and waive interest otherwise leviable for the period of such extension by exercising powers under the tax rules; general extension for all taxpayers is not authorised.
    703/CBDT.
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    Outstanding professional fees taxable when received; authorities must obtain information at discontinuance to ensure proper assessment.
    Outstanding fees realised after a professional discontinues practice are treated as the recipient's income in the year of receipt where they would have been taxable if received earlier; the discontinuing person must notify the tax officer within the statutory period or face a penalty. Tax officers are directed to use their information-gathering powers to obtain particulars of all outstanding fees at discontinuance and to call for these particulars before disposing of summary assessments so subsequent receipts can be tracked and verified against declared debts.
    702/CBDT.
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    Tax litigation management: Board tells commissioners to secure special High Court arrangements for faster disposal and protect revenue.
    Board directs Commissioners to liaise with Chief Justices to seek constitution of Tax Benches or alternative arrangements for expeditious disposal of tax writs and appeals, to pursue vacation of ex parte stay orders or require adequate security from assessees to protect revenue, and to acknowledge the letter and report to the Board on action taken to address case backlog.
    701/CBDT.
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    Special Leave Petition timing: ensure proposals reach law officers well before limitation expiry to avoid last-minute delays.
    Repeated Board instructions require Commissioners to ensure proposals for Special Leave Petition are processed and forwarded to Law Officers with adequate lead time before the expiry of the limitation period to permit proper legal scrutiny; the Board directs strict compliance after adverse comments from the Additional Solicitor-General and the Government Advocate about recurrent last minute submissions.
    700/CBDT.
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    Company registration reconciliation required: obtain Registrar lists, reconcile with tax records and report discrepancies for prioritized action.
    Obtain a list of all companies registered with the Registrar of Companies from 1.4.69 to 31.3.74, reconcile it with Income Tax records to identify companies not on our records, ascertain broad reasons for omission, list struck-off companies separately, complete pending action for those on a priority basis, and submit a consolidated report showing registrations, inclusions on tax records, struck-off cases and reasons for non-inclusion to the Board by the stated deadline.

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