Financial Year 1977-78
Circular No. 215 was issued by the Central Board of Direct Taxes on 31 March 1977. Its subject is Financial Year 1977-78.
This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.
Sets out the rates and instructions for deducting tax from interest on securities during the financial year 1977-78, as specified in the Finance (No. 2) Bill, 1977, and lists the securities on which no deduction is to be made. Except for interest payable to the Life Insurance Corporation of India, which has been exempt from deduction since 1 June 1976, tax is deducted on the whole interest: for a resident other than a company, income-tax at 20 per cent with surcharge at 3 per cent on interest other than on a tax-free security; for a non-resident other than a company, 30 per cent with surcharge at 4.5 per cent, or the rates in Sub-Paragraph I of Paragraph A of Part III of the First Schedule applied as if the interest were the total income, whichever is higher, and 15 per cent with surcharge at 2.25 per cent on a tax-free security; for a domestic company 22 per cent with surcharge at 1 per cent; and for a company that is not a domestic company 44 per cent with surcharge at 2.2 per cent on tax-free securities and 70 per cent with surcharge at 3.5 per cent on others. Deduction at these rates applies to payment or credit after 17 June 1977, except where an exemption or abatement certificate under section 197(1) is produced. Certificates issued before 1 April 1977 are honoured if operative for the year ending 31 March 1978; no tax is deducted where the payee is satisfied to be exempt; and no tax is deducted on 4¼ per cent National Defence Bonds, 1972 and on the Gold Bonds named where held by a resident individual who declares that his holding did not exceed Rs. 10,000 in nominal value at any time in the period, on interest to non-residents on the National Defence Loans of 1968 and 1972 exempt under Notification No. SO 3331 dated 19 October 1965 issued under section 10(4), or on the National Savings Certificates specified.
It is the annual instruction on interest on securities, following the office letter for the financial year 1976-77, and carries the rates proposed by the Finance (No. 2) Bill, 1977.
FINANCIAL YEAR 1977-78
Instructions for deduction of tax at source from interest on securities during financial year 1977-78 at the rates specified in Part III of First Schedule to Finance Bill, 1977
DRAFT CIRCULAR REFERRED TO IN INSTRUCTIONS
1. I am to invite your attention to this Office Letter...........regarding deduction of income-tax and surcharge from interest on Government securities during the financial year 1976-77.
2. According to the Finance (No. 2) Bill, 1977, 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 Income-tax
Rate of Surcharge
I.
In the case of a person other than a company—
(i) where the person is resident in India—
20 per cent
3 per cent
on interest on securities (excluding interest payable on a tax-free security)
(ii) where the person is not resident in India—
(a) on interest on securities (excluding interest payable on a tax-free security)
income-tax at 30 per cent and surcharge at 4.5 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 (No. 2) Bill, 1977, if such interest income had been the total income,
whichever is higher;
(b) on interest payable on a tax-free security
15 per cent
2.25 per cent
II.
In the case of a company—
(i) where the company is a domestic company—
22 per cent
1 per cent
on interest on securities (excluding interest payable on a tax-free security)
(ii) where the company is not a domestic company—
(a) on interest payable on a tax-free security
44 per cent
2.2 per cent
(b) on interest on other securities
70 per cent
3.5 per cent
3. 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, 1977 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.
4. In making payment or crediting interest on Government securities after June 17, 1977, you are requested to deduct income-tax at the rates specified above, except in cases where an exemption or abatement certificate granted by an Income-tax Officer under sub-section (1) of section 197 is produced. The following instructions should be followed in this connection :
(1) Exemption or abatement certificates issued before April 1, 1977 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, 1978.
(2) Where a certificate is issued by the Income-tax Officer on or after April 1, 1977 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 31.
(4) No tax should be deducted from any interest payable on 4¼ per cent National Defence Bonds, 1972 or 6¾ per cent Gold Bonds, 1977 or 7 per cent Gold Bonds, 1980 where any such Bonds are held by a residential 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 the 6½ per cent Gold Bonds, 1977 or, as the case may be, the 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 to a non-resident on 4¼ per cent National Defence Loans, 1968 and 4¾ per cent National Defence Loans, 1972 as the interest paid on these loans to non-residents is totally exempt from income-tax under Notification No. SO 3331, dated 19-10-1965 issued under section 10(4). In the case of residents receiving interest on these loans, deduction of tax has to be made at the prescribed rates, except when the recipient is an individual.
(6) 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 (Fourth Issue).
(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 :
(a) he has not previously been assessed under the 1961 Act or under the 1922 Act ;
(b) his total income of the previous year in which the interest is due is not likely to exceed the maximum amount not chargeable to income-tax; and
(c) the total nominal value of the securities held by him (including such securities, if any, as 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 (including advance tax and tax deducted at source) 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 cases of doubt, the Income-tax Officer should be consulted before making the deduction from interest on Government securities.
CLARIFICATION 2
1. I am directed to invite a reference to the Board’s Circular No. 193 [F.No. 275/46/76-ITJ], dated 20-3-1976 on the subject of deduction of income-tax from "interest on Government securities" payable during the year 1976-77.
2. The Finance Bill, 1977, as introduced in the Parliament, prescribes the same rates for deduction of tax from "interest on Government securities" during the financial year 1977-78 as were in force during the financial year 1976-77. Hence, until further instructions, tax at source from "interest on Government securities" may be deducted at the same rates as are given in Part II of the First Schedule to the Finance Act, 1976.
3. You are requested that instructions on the basis of this circular may be issued immediately to all Treasury Officers and Sub-Treasury Officers, under your control individually.
Circular : No. 215 [F.No. 275/21/77-IT(B)], dated 31-3-1977.
In an old dispute about deduction on Government security interest for 1977-78, or where a section 197 certificate was not honoured.
Source: the Income Tax Department’s own published text — its page for this instrument.
