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INCOME-TAX
ACT, 1961
Updated till Finance
(No. 2) Act 2004 |
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| SECTION |
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CHAPTER
I |
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PRELIMINARY |
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1 |
Short title, extent and commencement |
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2 |
Definitions |
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3 |
Previous year defined |
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CHAPTER II |
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BASIS
OF CHARGE |
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4 |
Charge of income-tax |
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5 |
Scope of total income |
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5A |
Apportionment of income between spouses governed by Portuguese Civil
Code |
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6 |
Residence in India |
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7 |
Income deemed to be received |
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8 |
Dividend income |
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9 |
Income deemed to accrue or arise in India |
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CHAPTER III |
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INCOMES
WHICH DO NOT FORM PART OF TOTAL INCOME |
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10 |
Incomes not included in total income |
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10A |
Special provision in respect of newly established undertakings in free
trade zones, etc |
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10B |
Special provisions in respect of newly established hundred per cent
export-oriented undertakings |
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10BA |
Special provisions in respect of export of certain articles or things |
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10BB |
Meaning of computer programmes in certain cases |
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10C |
Special provision in respect of certain industrial undertakings in North-Eastern
Region |
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11 |
Income from property held for charitable or religious purposes |
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12 |
Income of trusts or institutions from contributions |
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12A |
Conditions as to registration of trusts, etc. |
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12AA |
Procedure for registration |
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13 |
Section 11 not to apply in certain cases |
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13A |
Special provision relating to incomes of political parties |
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CHAPTER
IV |
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COMPUTATION OF TOTAL INCOME |
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Heads
of income |
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14 |
Heads of income |
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14A |
Expenditure incurred in relation to income not includible in total income |
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A.
Salaries |
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15 |
Salaries |
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16 |
Deductions from salaries |
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17 |
“Salary”, “perquisite” and “profits in lieu of salary” defined |
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B.
[Omitted] |
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18 |
[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989] |
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19 |
[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989] |
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20 |
[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989] |
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21 |
[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989] |
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C.
- Income from house property |
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22 |
Income from house property |
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23 |
Annual value how determined |
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24 |
Deductions from income from house property |
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25 |
Amounts not deductible from income from house property |
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25A |
Special provision for cases where unrealised rent allowed as deduction
is realised subsequently |
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25AA |
Unrealised rent received subsequently to be charged to income-tax |
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25B |
Special provision for arrears of rent received |
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26 |
Property owned by co-owners |
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27 |
“Owner of house property”, “annual charge”, etc., defined |
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D.
Profits and gains of business or profession |
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28 |
Profits and gains of business or profession |
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29 |
Income from profits and gains of business or profession, how computed |
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30 |
Rent, rates, taxes, repairs and insurance for buildings |
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31 |
Repairs and insurance of machinery, plant and furniture |
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32 |
Depreciation |
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32A |
Investment allowance |
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32AB |
Investment deposit account |
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33 |
Development rebate |
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33A |
Development allowance |
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33AB |
Tea development account, coffee development account and rubber development
account |
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33ABA |
Site Restoration Fund |
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33AC |
Reserves for shipping business |
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33B |
Rehabilitation allowance |
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34 |
Conditions for depreciation allowance and development rebate |
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34A |
Restriction on unabsorbed depreciation and unabsorbed investment allowance
for limited period in case of certain domestic companies |
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35 |
Expenditure on scientific research |
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35A |
Expenditure on acquisition of patent rights or copyrights |
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35AB |
Expenditure on know-how |
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35ABB |
Expenditure for obtaining licence to operate telecommunication services |
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35AC |
Expenditure on eligible projects or schemes |
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35B |
[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989] |
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35C |
[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989] |
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35CC |
[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989] |
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35CCA |
Expenditure by way of payment to associations and institutions for carrying
out rural development programmes |
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35CCB |
Expenditure by way of payment to associations and institutions for carrying
out programmes of conservation of natural resources |
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35D |
Amortisation of certain preliminary expenses |
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35DD |
Amortisation of expenditure in case of amalgamation or demerger |
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35DDA |
Amortisation of expenditure incurred under voluntary retirement scheme |
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35E |
Deduction for expenditure on prospecting, etc., for certain minerals |
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36 |
Other deductions |
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37 |
General |
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38 |
Building, etc., partly used for business, etc., or not exclusively so
used |
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39 |
[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989] |
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40 |
Amounts not deductible |
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40A |
Expenses or payments not deductible in certain circumstances |
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41 |
Profits chargeable to tax |
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42 |
Special provision for deductions in the case of business for prospecting,
etc., for mineral oil |
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43 |
Definitions of certain terms relevant to income from profits and gains
of business or profession |
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43A |
Special provisions consequential to changes in rate of exchange of currency |
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43B |
Certain deductions to be only on actual payment |
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43C |
Special provision for computation of cost of acquisition of certain
assets |
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43D |
Special provision in case of income of public financial institutions,
public companies, etc. |
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44 |
Insurance business |
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44A |
Special provision for deduction in the case of trade, professional or
similar association |
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44AA |
Maintenance of accounts by certain persons carrying on profession or
business |
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44AB |
Audit of accounts of certain persons carrying on business or profession |
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44AC |
[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993] |
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44AD |
Special provision for computing profits and gains of business of civil
construction, etc. |
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44AE |
Special provision for computing profits and gains of business of plying,
hiring or leasing goods carriages |
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44AF |
Special provisions for computing profits and gains of retail business |
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44B |
Special provision for computing profits and gains of shipping business
in the case of non-residents |
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44BB |
Special provision for computing profits and gains in connection with
the business of exploration, etc., of mineral oils |
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44BBA |
Special provision for computing profits and gains of the business of
operation of aircraft in the case of non-residents |
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44BBB |
Special provision for computing profits and gains of foreign companies,
engaged in the business of civil construction, etc., in certain turnkey
power projects |
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44C |
Deduction of head office expenditure in the case of non-residents |
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44D |
Special provisions for computing income by way of royalties, etc., in
the case of foreign companies |
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44DA |
Special provision for computing income by way of royalties, etc., in
case of non-residents |
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E.
- Capital gains |
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45 |
Capital gains |
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46 |
Capital gains on distribution of assets by companies in liquidation |
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46A |
Capital gains on purchase by company of its own shares or other specified
securities |
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47 |
Transactions not regarded as transfer |
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47A |
Withdrawal of exemption in certain cases |
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48 |
Mode of computation |
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49 |
Cost with reference to certain modes of acquisition |
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50 |
Special provision for computation of capital gains in case of depreciable
assets |
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50A |
Special provision for cost of acquisition in case of depreciable asset |
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50B |
Special provision for computation of capital gains in case of slump
sale |
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50C |
Special provision for full value of consideration in certain cases |
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51 |
Advance money received |
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52 |
[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988] |
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53 |
[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993] |
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54 |
Profit on sale of property used for residence |
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54A |
[OMITTED BY THE FINANCE (NO. 2) ACT, 1971, W.E.F. 1-4-1972] |
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54B |
Capital gain on transfer of land used for agricultural purposes not
to be charged in certain cases |
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54C |
[OMITTED BY THE FINANCE ACT, 1976, W.E.F. 1-4-1976] |
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54D |
Capital gain on compulsory acquisition of lands and buildings not to
be charged in certain cases |
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54E |
Capital gain on transfer of capital assets not to be charged in certain
cases |
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54EA |
Capital gain on transfer of long-term capital assets not to be charged
in the case of investment in specified securities |
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54EB |
Capital gain on transfer of long-term capital assets not to be charged
in certain cases |
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54EC |
Capital gain not to be charged on investment in certain bonds |
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54ED |
Capital gain on transfer of certain listed securities or unit, not to
be charged in certain cases |
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54F |
Capital gain on transfer of certain capital assets not to be charged
in case of investment in residential house |
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54G |
Exemption of capital gains on transfer of assets in cases of shifting
of industrial undertaking from urban area |
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54H |
Extension of time for acquiring new asset or depositing or investing
amount of capital gain |
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55 |
Meaning of “adjusted”, “cost of improvement” and “cost of acquisition” |
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55A |
Reference to Valuation Officer |
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F.
- Income from other sources |
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56 |
Income from other sources |
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57 |
Deductions |
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58 |
Amounts not deductible |
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59 |
Profits chargeable to tax |
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CHAPTER
V |
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INCOME OF OTHER PERSONS, INCLUDED IN ASSESSEE’S TOTAL INCOME |
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60 |
Transfer of income where there is no transfer of assets |
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61 |
Revocable transfer of assets |
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62 |
Transfer irrevocable for a specified period |
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63 |
“Transfer” and “revocable transfer” defined |
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64 |
Income of individual to include income of spouse, minor child, etc. |
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65 |
Liability of person in respect of income included in the income of another
person |
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CHAPTER
VI |
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AGGREGATION OF INCOME AND SET OFF OR CARRY FORWARD OF LOSS |
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Aggregation
of income |
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66 |
Total income |
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67 |
[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993] |
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67A |
Method of computing a member’s share in income of association of persons
or body of individuals |
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68 |
Cash credits |
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69 |
Unexplained investments |
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69A |
Unexplained money, etc. |
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69B |
Amount of investments, etc., not fully disclosed in books of account |
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69C |
Unexplained expenditure, etc. |
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69D |
Amount borrowed or repaid on hundi |
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Set
off, or carry forward and set off |
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70 |
Set off of loss from one source against income from another source under
the same head of income |
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71 |
Set off of loss from one head against income from another |
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71A |
Transitional provisions for set off of loss under the head “Income from
house property” |
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71B |
Carry forward and set off of loss from house property |
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72 |
Carry forward and set off of business losses |
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72A |
Provisions relating to carry forward and set off of accumulated loss
and unabsorbed depreciation allowance in amalgamation or demerger, etc. |
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73 |
Losses in speculation business |
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74 |
Losses under the head “Capital gains” |
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74A |
Losses from certain specified sources falling under the head income
from other sources |
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75 |
Losses of firms |
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78 |
Carry forward and set off of losses in case of change in constitution
of firm or on succession |
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79 |
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