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CBDT

Also written Central Board of Direct Taxes

The Central Board of Direct Taxes — the body under the Ministry of Finance to which administration of the Income Tax Act is assigned, and which issues the Circulars and Notifications that interpret it.

In plain language

Income tax in India runs on the Income Tax Act, 1961, backed by the Income Tax Rules, 1962. Someone has to administer that law day to day — decide how it applies to situations the Act does not spell out, and keep the Rules updated.

That job belongs to the Central Board of Direct Taxes (CBDT), which sits under the Ministry of Finance. Beyond administering the Act, the CBDT issues Circulars and Notifications whenever needed, which is how much of the fine detail of income tax practice actually gets settled.

How it works

The workbook cites the CBDT's role in several specific places, which shows how it operates in practice, not just in theory:

  • Approving superannuation funds for tax purposes is done subject to conditions the CBDT may specify under Section 36(iv), alongside limits prescribed for the purpose.
  • STT payment at acquisition for Section 112A long-term capital gains has been relaxed by a specific CBDT Notification (No. SO 5054(E), dated 1-10-2018), which exempted certain modes of transfer — such as shares acquired under a scheme of amalgamation — from the condition that STT must also have been paid at the time of acquisition.

In both cases the underlying Income Tax Act sets the rule, and the CBDT's Circular or Notification fills in exactly how it applies — which is the Board's day-to-day function across the tax system, not only in these two instances.

A worked example

Illustrative figures, following the workbook's own examples.

Mr X held shares of A Ltd, which amalgamated with B Ltd. He received shares of the new company AB Ltd and sold them after paying STT on the sale, but STT was never paid at the time the original shares were acquired — since he got them long before STT existed in its current form on such transfers.

Ordinarily, Section 112A's concessional 12.5% rate above Rs 1,25,000 needs STT to have been paid at both acquisition and transfer. The CBDT's 2018 Notification removes that requirement for shares acquired through modes such as amalgamation. So Mr X's long-term capital gain of Rs 2,20,000 still qualifies for the Section 112A rate, even though STT was paid only on the sale — because the CBDT, exercising its administrative role, notified the exemption.

Why NISM asks about it

Chapter 7 (Concepts of Taxation), section 7.1, names the CBDT as the body to which administration of the Income Tax Act is assigned. Chapter 4 references CBDT-specified conditions for superannuation fund contributions, and Chapter 13 cites a specific CBDT Notification on STT and Section 112A. Expect the CBDT to appear as the answer to "which body administers direct tax law in India", and in questions that hinge on a specific Notification or Circular.

Common exam traps

  • CBDT administers direct taxes — income tax and related law — not GST or customs, which have their own boards.
  • The CBDT sits under the Ministry of Finance, not under SEBI or RBI, which candidates sometimes guess.
  • Circulars and Notifications, not the Act itself, are how the CBDT fills gaps — a workbook fact that can be tested directly (which body issues Notifications interpreting the Income Tax Act).

Check yourself

  1. 1.Administration of the Income Tax Act, 1961 is assigned to which body?

    1. a)The Securities and Exchange Board of India
    2. b)The Central Board of Direct Taxes
    3. c)The Reserve Bank of India
    4. d)The Comptroller and Auditor General
    Show the answer

    Answer: (b) The Central Board of Direct Taxes

    Income tax in India is governed by the Income Tax Act, 1961 and comes under the Ministry of Finance, with matters relating to administration assigned to the Central Board of Direct Taxes (CBDT). The CBDT also frames the Income Tax Rules, 1962 and issues circulars and notifications as and when required.

  2. 2.Which provision of the Income Tax Act ensures that the funds of an approved superannuation fund are accumulated in a tax-free environment?

    1. a)Section 10(13), which excludes payments from the fund on death or commutation from total income
    2. b)Section 10(25)(iii), under which any income received by the trustees on behalf of an approved superannuation fund is not included in computing the total income of the trust
    3. c)Section 36(iv), which allows the employer's contribution as a deduction from business income
    4. d)Section 80C, which allows the employee's contribution as a deduction subject to a ceiling
    Show the answer

    Answer: (b) Section 10(25)(iii), under which any income received by the trustees on behalf of an approved superannuation fund is not included in computing the total income of the trust

    The workbook: "Section 10(25)(iii): Any income received by the trustees on behalf of an approved superannuation fund shall not be included in computing the total income of the trust. This makes the funds of an approved superannuation fund to be accumulated in a tax-free environment."

    Each of the four provisions relieves a different stage or a different person:

    Option A is wrong — Section 10(13) relieves the payout: "Any payment from an approved superannuation fund, made on the death of a beneficiary; or to an employee in lieu of or in commutation of an annuity on his retirement ... or by way of refund of contributions on the death of a beneficiary, or by transfer to a pension scheme under 80CCD (NPS) shall not be included in computing the total income".

    Option C is wrong — Section 36(iv) relieves the employer's contribution, allowed "as deduction in the computation of business income of the employer", subject to prescribed limits and CBDT conditions.

    Option D is wrong — Section 80C relieves the employee's contribution, which is "eligible as deduction in computing the taxable income, subject to a ceiling as prescribed by Income Tax Act."

    Memory hook: contributions in (36(iv) employer, 80C employee) — growth inside (10(25)(iii) trust) — money out (10(13) beneficiary).

Where this is taught

Free preparation for NISM Series X-B

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