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FINANCIAL YEAR 1980-81


Instructions for deduction of tax at source during financial year 1980-81 from interest on securities at the rate specified in Part III of First Schedule to Finance (No. 2) Bill, 1980

DRAFT CIRCULAR REFERRED TO IN INSTRUCTIONS

  1. I am to invite your attention to this Office Letter No………..regarding deduction of income-tax and surcharge from inter­est on Government securities during the financial year 1979-80.
  2. According to the Finance (No. 2) Bill, 1980 except in the case of interest on securities payable to Life Insurance Corporation of India which is exempt from deduction of income-tax with effect from June 1, 1976, income-tax is to be deducted from the entire amount of interest on securities at the following rates, namely :
Income-tax
      Rate of Rate of
      Income-tax Surcharge
I. In the case of a person other than a company :
  (i) where  the  person is resident in India on income by way of interest payable on any security (excluding  interest   payable  on  a  tax-free security) 10 per cent Nil
  (ii) where the person is not resident in India—  
  (a) on   interest  on  securities(excluding interest payable a on tax-free security) income-tax at 30 per cent and  surcharge at 3 per cent of the amount of the interest,
  or
  income-tax and surcharge on income-tax in respect of the interest at the rates prescribed in Sub-Paragraph I of Paragraph A of Part III of the First Schedule to the Finance Act, 1981, if such interest income had been the total income, whichever is higher
  (b) on interest payable on a tax-free security 15 per cent 1.5 per cent
II. In the case of a company—
  (i) where the company is a domestic company on interest on securities (excluding interest payable on a tax-free security) 21.5 per cent 1.5 per cent
  (ii) where  the  company  is  not  a domestic company—
  (a) on  interest  payable  on  a tax-free security 44 per cent 3.3 per cent
  (b) on interest on other securities 70 per cent 5.25 per cent
  1. The term “domestic company” means an Indian company or any other company which, in respect of its income liable to income-tax under the Act, for the assessment year commencing on April 1, 1980 has made the prescribed arrangements for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income in accordance with the provisions of section 194.
  2. In making payment or crediting interest on Government securi­ties after June 18, 1980, you are requested to deduct income-tax at the rates specified above, except to cases where an exemption or abatement certificate granted by an Income-tax Officer under sub-section (1) of section 197 is produced. Where deduction of tax has already been made at the rates specified by the Finance (No. 2) Act, 1980, no adjustment need be made. The following instructions should be followed in this connection :

(1) Exemption or abatement certificates issued before April 1, 1980 authorising deduction of tax at a particular rate expressed as percentage of the amount of interest should be accepted and acted upon, if operative for the financial year ending on March 31, 1981.

(2) Where a certificate is issued by the Income-tax Officer on or after April 1, 1980 authorising deduction of tax at a specified rate in respect of any person, income-tax should be deducted at the rates specified therein.

(3) No tax should be deducted in cases in which, from a certifi­cate issued by the Income-tax Officer or otherwise, you are satisfied that the payee is a person exempt from income-tax under sections 10 to 15 of the Act.

(4) No tax should be deducted from any interest payable on 7 per cent Gold Bonds, 1980 where any such Bonds are held by a resident individual and in the case of the aforesaid Gold Bonds where the holder thereof makes a declaration in writing before the person responsible for making the payment that the total nominal value of 7 per cent Gold Bonds, 1980 held by him (including such Bonds, if any, held on his behalf by any other person) did not in either case exceed Rs. 10,000 at any time during the period to which the interest relates.

(5) No tax should be deducted from interest payable on National Savings Certificates (First Issue) including National Savings Certificates (First Issue) Bank Series or 7-year National Savings Certificates (IV Issue).

(6) No tax should be deducted from any interest payable on Na­tional Development Bonds.

(7) No tax should be deducted from any interest payable on any other security of the Central or State Government where the security is held by a resident individual, and the holder makes a declaration in writing before the person responsible for making the payment to the effect that—

(a)   he has not previously been assessed under the 1961 Act or under the 1922 Act ;

(b)   his total income of previous year in which the interest is due is not likely to exceed the minimum amount not chargeable to income-tax; and

(c)   the total nominal value of the securities held by him (including such securities, if any, are held on his behalf by any other person) did not exceed Rs. 2,500 at any time during the said previous year.

(8) No tax should be deducted from any sum payable in respect of any securities owned by a corporation established by or under a Central Act which under any law for the time being in force is exempt from income-tax on its income.

(9) Under section 288B fractions of one rupee contained in the amount of tax will have to be rounded off to the nearest rupee by ignoring amounts less than fifty paise and increasing amounts of fifty paise or more to one rupee. Hence, the amount of tax to be deducted at source should be rounded off to the nearest rupee in accordance with the aforesaid provisions of the Act.

(10) In the case of doubt, the Income-tax Officer should be consulted before making the deduction from interest on Government securities. It may be added that the above enunciated list of securities on which no tax shall be deducted is not exhaustive but is only illustrative.

CLARIFICATION 2

  1. I am directed to invite a reference to this Ministry’s (De­partment of Revenue) Circular No. 255 [F.No. 275/29/79-IT(B)], dated 23-5-1979 on the subject of deduction of income-tax from “Interest on Government securities” payable during the year 1979-80.
  2. The Finance Act, 1980 prescribes the same rate of deduction of tax from interest on Government securities during the financial year 1980-81, as were in force during the financial year 1979-80. Necessary instructions for continuing deduction of tax at source from “interest on Government securities” at the same rates as are given in Part III of the First Schedule to the Finance Act, 1979 may, therefore, be issued individually to all the Treasury Offi­cers and Sub-Treasury Officers under your control.

Circular : No. 267 [F.No. 275/13/80-IT(B)], dated 24-4-1980

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Category : Income Tax (25317)
Type : Circulars (7529) Notifications/Circulars (30517)

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