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Case lawCirculars1996 › Circular No. 741
CBDT circular 18 April 1996

Circular No. 741

1009. Whether in case of a provident fund, whose income is exempt under section 10(25)(ii), established under scheme under Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, income by way of interest on securities of Central and State Governments may be paid to such provident funds without deduction of income-tax at source

What this is

Circular No. 741 was issued by the Central Board of Direct Taxes on 18 April 1996. Its subject is 1009. Whether in case of a provident fund, whose income is exempt under section 10(25)(ii), established under scheme under Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, income by way of interest on securities of Central and State Governments may be paid to such provident funds without deduction of income-tax at source.

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.

What it does

Allows interest on Central and State Government securities to be paid without deduction of tax at source to a provident fund established under a scheme framed under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 whose income is exempt under section 10(25)(ii). The relief is stated to apply from the financial year 1995-96 onwards.

Why it was issued

Representations had been received seeking exemption from deduction under section 193 on interest on securities paid to such provident funds, whose income is in any event exempt.

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.10s.11, s.19

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.

1009. Whether in case of a provident fund, whose income is exempt under section 10(25)(ii), established under scheme under Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, income by way of interest on securities of Central and State Governments may be paid to such provident funds without deduction of income-tax at source
1. Representations have been received for grant of exemption from the requirement of deduction of income-tax at source under sec­tion 193 of the Income-tax Act on the payment of income by way of interest on securities in case of provident funds established under a scheme framed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 whose income is exempt under section 10(25)( ii) of the Income-tax Act, 1961.
2. The matter has been examined by the Board and it has been decided that in the case of a provident fund, whose income is exempt under section 10(25)(ii), established under a scheme under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the income by way of interest on securities of Central and State Governments may be paid to such provident funds without deduction of income-tax at source. The provisions of this circu­lar will be applicable from current financial year 1995-96 onwards.
Circular : No. 741, dated 18-4-1996.

What to watch

Where you meet it

When a paying institution asks a provident fund for authority not to deduct on Government security interest, or in a section 201 proceeding against such a payer.

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. 742  ·  Circular No. 740 →

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.