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Case lawCirculars1986 › Circular No. 460
CBDT circular 3 July 1986

Circular No. 460

Financial Year 1986-87

What this is

Circular No. 460 was issued by the Central Board of Direct Taxes on 3 July 1986. Its subject is Financial Year 1986-87.

What it does

Carries the earlier rates of deduction on interest on Government securities into the financial year 1986-87, with surcharge taken out. The Board says the only change of consequence made by the Finance Act, 1986 for this deduction is the deletion of all references to surcharge; the basic rates communicated by Circular No. 427 dated 31 July 1985 for the financial year 1985-86 stay as they are. Officers are therefore asked to reissue, individually to every treasury officer and sub-treasury officer under them, the draft circular already supplied with Circular No. 427, after striking out every reference to surcharge and correcting the year. The text before you also carries Circular No. 506 dated 22 February 1988, which records that section 3 of the Finance (Amendment) Act, 1987 amended the First Schedule to the Finance Act, 1987 so that tax computed on the basis of Circular No. 486 dated 1 June 1987 is to be increased by a surcharge for purposes of the Union at 5 per cent, with effect from 16 December 1987.

Why it was issued

So that treasuries deducting from interest on Government securities from 1 April 1986 worked to the correct figures without the surcharge that the Finance Act, 1986 had dropped.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.3s.3

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

FINANCIAL YEAR 1986-87
1717. Instructions for deduction of tax at source from interest on securities during financial year 1986-87 at the rates specified in Part III of First Schedule to Finance Act, 1986
1. I am directed to invite a reference to this Department’s Circular No. 427 [F. No. 275/25/85-IT(B)], dated 31-7-1985 on the above subject, wherein you were requested to issue necessary instructions for making deduction of income-tax at source from the payment of "Interest on Government securities" at the rates prescribed therein for the financial year 1985-86. A draft circular to be issued to all Treasury Officers, etc., by your office had also been enclosed therewith.
2. The only important change brought about by the Finance Act, 1986, insofar as in its applicability in the case of tax deduction at source from payments of "Interest on Government securities" is the deletion of all references to surcharge. The basic rates of income-tax as communicated in the aforesaid circular remain unchanged in its application during the financial year 1986-87. It is, therefore, requested that a circular on the basis of the draft already supplied to you along with this Department’s Circular No. 427, dated 31-7-1985 may please be issued to all Treasury Officers and Sub-Treasury Officers under your control individually after deleting all references to surcharge made therein and also after making necessary corrections in respect of the year wherever applicable.
Circular : No. 460 [F. No. 275/68/86-IT(B)], dated 3-7-1986.
1718. Deduction of tax at source computed on the basis of circular of 1-6-1987 to be increased by a surcharge at the rate of 5 per cent - Effective from 16-12-1987
1. I am directed to invite a reference to this Department’s Circular No. 486 [F. No. 275/41/87-IT(B)], dated 1-6-1987 wherein the rates of tax applicable for making deduction of income-tax at source from the payment of interest on Government securities for the financial year 1987-88 were intimated to you.
2. It is brought to your notice that by section 3 of the Finance (Amendment) Act, 1987, the First Schedule to the Finance Act, 1987 has been amended. According to this amendment the amount of income-tax computed on the basis of the aforesaid Circulars shall be increased by a surcharge for the purpose of the Union calculated at the rate of 5 per cent of such income tax. The levy of surcharge comes into force with effect from 16-12-1987.

Circular : No. 506, dated 22-2-1988.

What to watch

Where you meet it

In an old deduction dispute over interest on Government securities for 1986-87 or 1987-88, where the question is whether surcharge was rightly added.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Circular No. 461  ·  Circular No. 458 →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.