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Circulars

Circular No. 4-P-Income Tax dated 21/7/1966

July 21, 1966 1155 Views 0 comment Print

Circular No.4-P – Income Tax Individuals, Hindu undivided families, unregistered firms, associations of persons (other than co-operative societies), bodies of individuals and artificial juridical persons – In the case of taxpayers of these categories, the gradation of income slabs and the rates of income-tax applicable thereto are the same as for the assessment year 1965-66, under the Finance Act, 1965. The basis and the rates for the levy of surcharges on the

Section 68– Cash credits– Evidence by migrants from Burma

December 31, 1965 568 Views 0 comment Print

It has been represented to the Board that in view of the difficulties faced by persons migrating from Burma to India, it may not be possible for a migrant from that country to lead the evidence necessary to prove his claim that a particular sum of money has been brought over by him from that country. 2. The Board consider that the case of bona fide migrants from Burma should be dealt with in a sympathetic manner. In their cases production of direct or documentary evidence in the shape of transfer through banks, hundies, etc., in support of remittance from Burma need not be insisted upon. However, with a view to ensure that unscrupulous persons do not abuse the concessions, the ITOs should ensure the satisfaction of the following conditions before accepting a claim of remittance from

Calculation of penalty imposable for default under section 271(1)(a)

December 31, 1965 922 Views 0 comment Print

On a representation made by the Gujarat Chamber of Commerce, the matter has been reconsidered by the Board in consultation with the Ministry of Law. Under section 271(1)(i) the penalty is to be 2 per cent of the tax, if any, payable by the assessee

S.271(1)(a) of Income-tax Act, 1961 – Penalty for late filing of return

December 31, 1965 11101 Views 0 comment Print

On a representation made by the Gujarat Chamber of Commerce, the matter has been reconsidered by the Board in consultation with the Ministry of Law. Under s. 271(l)(a) of the IT Act, 1961, the penalty is to be 2 per cent of the tax, if any, payable by the assessee.

Business converted into limited company – capital gains?

December 31, 1965 1273 Views 0 comment Print

The decision of the Supreme Court was that where the sale was of the concern as a whole and a slump price was paid, no portion of this price was attributable to the stock-in-trade and, therefore, it was not possible to hold that there was a profit other than what resulted from the appreciation of capital. It follows, therefore, that where a business is sold as a going concern, the excess may not be a business profit, but will be capital gain chargeable to tax

Tax on Interest by Partner to Firm and Vica Versa

December 31, 1965 22595 Views 2 comments Print

In Board Circular No. 55 of 1941, it was stated that interest charged to a partner on his overdrawn account should not be included in the total income of the firm. It was further stated that where it appears that the capital borrowed for the purpose of business was partly diverted towards over-drawn account, the correct procedure would be to disallow the proportionate share of the interest payable on this capital in computing the income of the firm.

Taxability of surplus arising on sale of business as a going concern

December 31, 1965 14053 Views 1 comment Print

The decision of the Supreme Court was that where the sale was of the concern as a whole and a lump price was paid, no portion of this price was attributable to the stock-in-trade and therefore it was not possible to hold that there was a profit other than what resulted from the appreciation of capital.

Circular No. 3-P-Income Tax dated 11/10/1965

October 11, 1965 1686 Views 0 comment Print

Circular No. 3-P – Income Tax Amongst the various amendments to the Income-tax Act, those which are designed primarily, to simplify and rationalise the tax structure, and the corresponding provisions in the Finance Act, 1965 which lay down a new simplified rate structure of income-tax, may be broadly classified under the following heads

Claim for depreciation- Where required particulars not been furnished

August 31, 1965 3254 Views 0 comment Print

Numerous instances have come to the notice of the Board where assessee’s claim for depreciation duly shown in the return was not considered by the Income-tax Officer because books of account produced were not properly maintained and it was necessary to estimate profits by invoking the proviso to section 13 of the 1922 Act.

Circular No.1(15)-63/TPL – Income Tax dated 8/9/1963

September 8, 1963 2475 Views 0 comment Print

Circular No.1(15) – Income Tax The basic rates of income-tax and super tax for the assessment year 1963-64 continue to be exactly the same as for the assess­ment year 1962-63. So far as Union surcharge and the special surcharge on unearned income are concerned, the rates are the same as in the last year, subject to the following changes

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