Exchange Control Regulations. - Income Tax - 180/CBDT

INSTRUCTION NO 180/CBDT, Dated: June 8, 1970 Section(s) Referred: 143 Statute: Income - Tax Act, 1961 Under the various circulars and instructions issued by the Board from time to time [Circular No.16-D (V-45) of 1964 (F.No.73/6/64-ITA2), dated 15-6-64, Circular No.11 (LIV-4)-D of 1965 (F.No.73/17/64-ITAII) dated 20-5-65, Circular No.8-D(XL-68) of 1967 (F.No.73/32/65-ITAII), dated 22-5-67, Circular No.73/16/68-ITAII) dated 20-2-69], concessional treatment in the matter of production of documentary evidence in support of claim for transfer of money to India was given to migrants from Pakistan, Burma and East African countries. In giving special concessions to these repatriates, Board took into consideration the unfavourable circumstances necessitating their migration. 2. The conditions under which the repatriates from Ceylon are migrating to India, are however materially different. It would not be difficult for the repatriates from Ceylon to prove the remittances from Ceylon or to produce adequate evidence to reasonably satisfy the ITO that they had sufficient resources in Ceylon to cover the remittances. In the case of those who are returning to India under an Agreement between India and Ceylon they are permitted to transfer all their assets subject to Exchange Control Regulations. 3. However, insistence on proof of remittance is resulting in hardship in some cases. The Board feel that if the assessees are able to prove the availability of funds in Ceylon near about the dates of investments in India, the explanation given by the repatriates should be accepted. 4. These instructions may please be brought to the notices of all the officers working in your charge.