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        Income Tax

        In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

        19 August, 2017

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        Manual - Introduction - Income computation and disclosure standards (ICDS)

        Circular No. 10/2017 - Dated: 23-3-2017 - Clarifications on Income Computation and Disclosure Standards (ICDS) notified under section 145(2) of the Income-tax Act, 1961

        These ICDS are sub-ordinate provisions to the parent Income Act, 1961 and have been issued in exercise of powers u/s 145(2) which does not have overriding effect.

        Therefore, CBDT has rightly clarified that, ICDS provides general principles for computation of income. In case of conflict, if any, between the provisions of Rules and ICDS, the provisions of Rules, which deal with specific circumstances, shall prevail.

         

        Income Computation standards: specific tax-rule provisions prevail over general ICDS when the two provisions conflict. ICDS are subordinate general principles for computing income and do not override specific provisions of the Income-tax Rules; where a specific rule governs a particular circumstance, that rule prevails over any inconsistent ICDS guidance.
                    Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                      Provisions expressly mentioned in the judgment/order text.

                          Income Computation standards: specific tax-rule provisions prevail over general ICDS when the two provisions conflict.

                          ICDS are subordinate general principles for computing income and do not override specific provisions of the Income-tax Rules; where a specific rule governs a particular circumstance, that rule prevails over any inconsistent ICDS guidance.


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