INCOME-TAX ACT, 1961

Updated till Finance (No. 2) Act 2004

 

 

SECTION  

 

CHAPTER I

 

PRELIMINARY

1

Short title, extent and commencement

2

Definitions

3

Previous year defined

 

CHAPTER II

 

BASIS OF CHARGE

4

Charge of income-tax

5

Scope of total income

5A

Apportionment of income between spouses governed by Portuguese Civil Code

6

Residence in India

7

Income deemed to be received

8

Dividend income

9

Income deemed to accrue or arise in India

 

CHAPTER III

 
INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

10

Incomes not included in total income

10A

Special provision in respect of newly established undertakings in free trade zones, etc

10B

Special provisions in respect of newly established hundred per cent export-oriented undertakings

10BA

Special provisions in respect of export of certain articles or things

10BB

Meaning of computer programmes in certain cases

10C

Special provision in respect of certain industrial undertakings in North-Eastern Region

11

Income from property held for charitable or religious purposes

12

Income of trusts or institutions from contributions

12A

Conditions as to registration of trusts, etc.

12AA

Procedure for registration

13

Section 11 not to apply in certain cases

13A

Special provision relating to incomes of political parties

 
CHAPTER IV

 

COMPUTATION OF TOTAL INCOME

 
Heads of income

14

Heads of income

14A

Expenditure incurred in relation to income not includible in total income

 
A. Salaries

15

Salaries

16

Deductions from salaries

17

“Salary”, “perquisite” and “profits in lieu of salary” defined

 
B. [Omitted]

18

[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989]

19

[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989]

20

[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989]

21

[OMITTED BY THE FINANCE ACT, 1988 W.E.F. 1-4-1989]

 
C. - Income from house property

22

Income from house property

23

Annual value how determined

24

Deductions from income from house property

25

Amounts not deductible from income from house property

25A

Special provision for cases where unrealised rent allowed as deduction is realised subsequently

25AA

Unrealised rent received subsequently to be charged to income-tax

25B

Special provision for arrears of rent received

26

Property owned by co-owners

27

“Owner of house property”, “annual charge”, etc., defined

 
D. Profits and gains of business or profession

28

Profits and gains of business or profession

29

Income from profits and gains of business or profession, how computed

30

Rent, rates, taxes, repairs and insurance for buildings

31

Repairs and insurance of machinery, plant and furniture

32

Depreciation

32A

Investment allowance

32AB

Investment deposit account

33

Development rebate

33A

Development allowance

33AB

Tea development account, coffee development account and rubber development account

33ABA

Site Restoration Fund

33AC

Reserves for shipping business

33B

Rehabilitation allowance

34

Conditions for depreciation allowance and development rebate

34A

Restriction on unabsorbed depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies

35

Expenditure on scientific research

35A

Expenditure on acquisition of patent rights or copyrights

35AB

Expenditure on know-how

35ABB

Expenditure for obtaining licence to operate telecommunication services

35AC

Expenditure on eligible projects or schemes

35B

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

35C

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

35CC

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

35CCA

Expenditure by way of payment to associations and institutions for carrying out rural development programmes

35CCB

Expenditure by way of payment to associations and institutions for carrying out programmes of conservation of natural resources

35D

Amortisation of certain preliminary expenses

35DD

Amortisation of expenditure in case of amalgamation or demerger

35DDA

Amortisation of expenditure incurred under voluntary retirement scheme

35E

Deduction for expenditure on prospecting, etc., for certain minerals

36

Other deductions

37

General

38

Building, etc., partly used for business, etc., or not exclusively so used

39

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

40

Amounts not deductible

40A

Expenses or payments not deductible in certain circumstances

41

Profits chargeable to tax

42

Special provision for deductions in the case of business for prospecting, etc., for mineral oil

43

Definitions of certain terms relevant to income from profits and gains of business or profession

43A

Special provisions consequential to changes in rate of exchange of currency

43B

Certain deductions to be only on actual payment

43C

Special provision for computation of cost of acquisition of certain assets

43D

Special provision in case of income of public financial institutions, public companies, etc.

44

Insurance business

44A

Special provision for deduction in the case of trade, professional or similar association

44AA

Maintenance of accounts by certain persons carrying on profession or business

44AB

Audit of accounts of certain persons carrying on business or profession

44AC

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

44AD

Special provision for computing profits and gains of business of civil construction, etc.

44AE

Special provision for computing profits and gains of business of plying, hiring or leasing goods carriages

44AF

Special provisions for computing profits and gains of retail business

44B

Special provision for computing profits and gains of shipping business in the case of non-residents

44BB

Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils

44BBA

Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents

44BBB

Special provision for computing profits and gains of foreign companies, engaged in the business of civil construction, etc., in certain turnkey power projects

44C

Deduction of head office expenditure in the case of non-residents

44D

Special provisions for computing income by way of royalties, etc., in the case of foreign companies

44DA

Special provision for computing income by way of royalties, etc., in case of non-residents

 
E. - Capital gains

45

Capital gains

46

Capital gains on distribution of assets by companies in liquidation

46A

Capital gains on purchase by company of its own shares or other specified securities

47

Transactions not regarded as transfer

47A

Withdrawal of exemption in certain cases

48

Mode of computation

49

Cost with reference to certain modes of acquisition

50

Special provision for computation of capital gains in case of depreciable assets

50A

Special provision for cost of acquisition in case of depreciable asset

50B

Special provision for computation of capital gains in case of slump sale

50C

Special provision for full value of consideration in certain cases

51

Advance money received

52

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

53

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

54

Profit on sale of property used for residence

54A

[OMITTED BY THE FINANCE (NO. 2) ACT, 1971, W.E.F. 1-4-1972]

54B

Capital gain on transfer of land used for agricultural purposes not to be charged in certain cases

54C

[OMITTED BY THE FINANCE ACT, 1976, W.E.F. 1-4-1976]

54D

Capital gain on compulsory acquisition of lands and buildings not to be charged in certain cases

54E

Capital gain on transfer of capital assets not to be charged in certain cases

54EA

Capital gain on transfer of long-term capital assets not to be charged in the case of investment in specified securities

54EB

Capital gain on transfer of long-term capital assets not to be charged in certain cases

54EC

Capital gain not to be charged on investment in certain bonds

54ED

Capital gain on transfer of certain listed securities or unit, not to be charged in certain cases

54F

Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house

54G

Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area

54H

Extension of time for acquiring new asset or depositing or investing amount of capital gain

55

Meaning of “adjusted”, “cost of improvement” and “cost of acquisition”

55A

Reference to Valuation Officer

 
F. - Income from other sources

56

Income from other sources

57

Deductions

58

Amounts not deductible

59

Profits chargeable to tax

 
CHAPTER V

 

INCOME OF OTHER PERSONS, INCLUDED IN ASSESSEE’S TOTAL INCOME

60

Transfer of income where there is no transfer of assets

61

Revocable transfer of assets

62

Transfer irrevocable for a specified period

63

“Transfer” and “revocable transfer” defined

64

Income of individual to include income of spouse, minor child, etc.

65

Liability of person in respect of income included in the income of another person

 
CHAPTER VI

 

AGGREGATION OF INCOME AND SET OFF OR CARRY FORWARD OF LOSS

 
Aggregation of income

66

Total income

67

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

67A

Method of computing a member’s share in income of association of persons or body of individuals

68

Cash credits

69

Unexplained investments

69A

Unexplained money, etc.

69B

Amount of investments, etc., not fully disclosed in books of account

69C

Unexplained expenditure, etc.

69D

Amount borrowed or repaid on hundi

 
Set off, or carry forward and set off

70

Set off of loss from one source against income from another source under the same head of income

71

Set off of loss from one head against income from another

71A

Transitional provisions for set off of loss under the head “Income from house property”

71B

Carry forward and set off of loss from house property

72

Carry forward and set off of business losses

72A

Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in amalgamation or demerger, etc.

73

Losses in speculation business

74

Losses under the head “Capital gains”

74A

Losses from certain specified sources falling under the head income from other sources

75

Losses of firms

78

Carry forward and set off of losses in case of change in constitution of firm or on succession

79

Carry forward and set off of losses in the case of certain companies

80

Submission of return for losses

 
CHAPTER VI-A

 

DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME

 
A.- General

80A

Deductions to be made in computing total income

80AA

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

80AB

Deductions to be made with reference to the income included in the gross total income

80B Definitions

B. – Deductions in respect of certain payments

80C

[OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1991]

80CC

[OMITTED BY THE FINANCE (NO. 2) ACT, 1996, W.R.E.F. 1-4-1993]

80CCA

Deduction in respect of deposits under National Savings Scheme or payment to a deferred annuity plan

80CCB

Deduction in respect of investment made under Equity Linked Savings Scheme

80CCC

Deduction in respect of contribution to certain pension funds

80CCD

Deduction in respect of contribution to pension scheme of central Government

80D

Deduction in respect of medical insurance premia

80DD

Deduction in respect of maintenance including medical treatment of a dependent who is a person with disability

80DDB

Deduction in respect of medical treatment, etc.

80E

Deduction in respect of repayment of loan taken for higher education

80F

[OMITTED BY THE FINANCE ACT, 1985, W.E.F. 1-4-1986]

80FF

[OMITTED BY THE FINANCE (NO. 2) ACT, 1980, W.E.F. 1-4-1981]

80G

Deduction in respect of donations to certain funds, charitable institutions, etc.

80GG

Deductions in respect of rents paid

80GGA

Deduction in respect of certain donations for scientific research or rural development

80GGB

Deduction in respect of contributions given by companies to political parties

80GGC

Deductions in respect of contributions given by any person to political parties

 
C. – Deductions in respect of certain incomes

80H

[OMITTED BY THE TAXATION LAWS (AMENDMENT) ACT, 1975, W.E.F. 1-4-1976]

80HH

Deduction in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas

80HHA

Deduction in respect of profits and gains from newly established small-scale industrial undertakings in certain areas

80HHB

Deduction in respect of profits and gains from projects outside India

80HHBA

Deduction in respect of profits and gains from housing projects in certain cases

80HHC

Deduction in respect of profits retained for export business

80HHD

Deduction in respect of earnings in convertible foreign exchange

80HHE

Deduction in respect of profits from export of computer software, etc.

80HHF

Deduction in respect of profits and gains from export or transfer of film software, etc.

80I

Deduction in respect of profits and gains from industrial undertakings after a certain date, etc.

80IA

Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc.

80IB

Deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings

80IC

Special provisions in respect of certain undertakings enterprises in certain special category States

80J

[OMITTED BY THE FINANCE (NO. 2) ACT, 1996, W.R.E.F. 1-4-1989]

80JJ

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

80JJA

Deduction in respect of profits and gains from business of collecting and processing of bio-degradable waste

80JJAA

Deduction in respect of employment of new workmen

80K

[OMITTED BY THE FINANCE ACT, 1986, W.E.F. 1-4-1987]

80L

Deductions in respect of interest on certain securities, dividends, etc.

80LA

Deductions in respect of certain incomes of Offshore Banking Units

80M

[OMITTED BY THE FINANCE ACT, 2003, W.E.F. 1-4-2004]

80MM

[OMITTED BY THE FINANCE ACT, 1983, W.E.F. 1-4-1984]

80N

[OMITTED BY THE FINANCE ACT, 1985, W.E.F. 1-4-1986]

80O

Deduction in respect of royalties, etc., from certain foreign enterprises

80P

Deduction in respect of income of co-operative societies

80Q

Deduction in respect of profits and gains from the business of publication of books

80QQ

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

80QQA

Deduction in respect of professional income of authors of text books in Indian languages

80QQB

Deduction in respect of royalty income, etc., of authors of certain books other than text books

80R

Deduction in respect of remuneration from certain foreign sources in the case of professors, teachers, etc.

80RR

Deduction in respect of professional income from foreign sources in certain cases

80RRA

Deduction in respect of remuneration received for services rendered outside India

80RRB

Deduction in respect of royalty on Patents

80S

[OMITTED BY THE FINANCE ACT, 1986, W.E.F. 1-4-1987]

80T

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

80TT

[OMITTED BY THE FINANCE ACT, 1986, W.E.F. 1-4-1987]

 
D. – Other deductions

80U

Deduction in case of a person with disability

80V

[OMITTED BY THE FINANCE ACT, 1994, W.E.F. 1-4-1995]

80VV

[OMITTED BY THE FINANCE ACT, 1985, W.E.F. 1-4-1986]

 
CHAPTER VI-B

 

RESTRICTION ON CERTAIN DEDUCTIONS IN THE CASE OF COMPANIES

80VVA

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

 

CHAPTER VII

 

INCOMES FORMING PART OF TOTAL INCOME ON WHICH NO INCOME-TAX IS PAYABLE

81 to 85C

[OMITTED BY THE FINANCE (NO. 2) ACT, 1967, W.E.F. 1-4-1968]

86

Share of member of an association of persons or body of individuals in the income of the association or body

86A

[OMITTED BY THE FINANCE ACT, 1988, W.E.F. 1-4-1989]

 
CHAPTER VIII

 

REBATES AND RELIEFS

 

A. – Rebate of income-tax

87

Rebate to be allowed in computing income-tax

88

Rebate on life insurance premia, contribution to provident fund, etc.

88A

[OMITTED BY THE FINANCE (NO. 2) ACT, 1996, W.R.E.F. 1-4-1994]

88B

Rebate of income-tax in case of individuals of sixty-five years or above

88C

Rebate of income-tax in case of women below sixty-five years

88D

Rebate of income-tax in case of certain individuals

88E

Rebate in respect of securities transaction tax

 
B. – Relief for income-tax

89

Relief when salary, etc., is paid in arrears or in advance

89A

[OMITTED BY THE FINANCE ACT, 1983, W.E.F. 1-4-1983]

 
CHAPTER IX

 

DOUBLE TAXATION RELIEF

90

Agreement with foreign countries

91

Countries with which no agreement exists

 
CHAPTER X

 

SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

92

Computation of income from international transaction having regard to arm’s length price

92A

Meaning of associated enterprise

92B

Meaning of international transaction

92C

Computation of arm’s length price

92CA

Reference to Transfer Pricing Officer

92D

Maintenance and keeping of information and document by persons entering into an international transaction

92E

Report from an accountant to be furnished by persons entering into international transaction

92F

Definitions of certain terms relevant to computation of arm’s length price, etc

93

Avoidance of income-tax by transactions resulting in transfer of income to non-residents

94

Avoidance of tax by certain transactions in securities

 

CHAPTER XI

 

ADDITIONAL INCOME-TAX ON UNDISTRIBUTED PROFITS

95 to 103

[OMITTED BY THE FINANCE ACT, 1965, W.E.F. 1-4-1965]

104

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

105

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

106

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

107

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

107A

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

108

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

109

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

 

CHAPTER XII

 

DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

110

Determination of tax where total income includes income on which no tax is payable

111

Tax on accumulated balance of recognised provident fund

111A

Tax on short-term capital gains in certain cases

112

Tax on long-term capital gains

112A

[OMITTED BY THE FINANCE ACT, 1988, W.E.F. 1-4-1989]

113

Tax in the case of block assessment of search cases

114

[OMITTED BY THE FINANCE (NO. 2) ACT, 1967, W.E.F. 1-4-1968]

115

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]

115A

Tax on dividends, royalty and technical service fees in the case of foreign companies

115AB

Tax on income from units purchased in foreign currency or capital gains arising from their transfer

115AC

Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer

115ACA

Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer

115AD

Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer

115B

Tax on profits and gains of life insurance business

115BB

Tax on winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or gambling or betting of any form or nature whatsoever

115BBA

Tax on non-resident sportsmen or sports associations

115BBB

Tax on income from units of an open-ended equity oriented fund of the unit Trust of India or of Mutual Funds

 

CHAPTER XII-A

 

SPECIAL PROVISIONS RELATING TO CERTAIN INCOMES OF NON-RESIDENTS

115C

Definitions

115D

Special provision for computation of total income of non-residents

115E

Tax on investment income and long-term capital gains

115F

Capital gains on transfer of foreign exchange assets not to be charged in certain cases

115G

Return of income not to be filed in certain cases

115H

Benefit under Chapter to be available in certain cases even after the assessee becomes resident

115I

Chapter not to apply if the assessee so chooses

 

CHAPTER XII-B

 

SPECIAL PROVISIONS RELATING TO CERTAIN COMPNAIES

115J

Special provisions relating to certain companies

115JA

Deemed income relating to certain companies

115JAA

Tax credit in respect of tax paid on deemed income relating to certain companies

115JB

Special provision for payment of tax by certain companies

 

CHAPTER XII-C

 

SPECIAL PROVISIONS RELATING TO RETAIL TRADE, ETC.

115K

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

115L

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

115M

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

115N

[OMITTED BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]

 

CHAPTER XII-D

 

SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED PROFITS OF DOMESTIC COMPANIES

115O

Tax on distributed profits of domestic companies

115P

Interest payable for non-payment of tax by domestic companies

115Q

When company is deemed to be in default

 

CHAPTER XII-E

 

SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME

115R

Tax on distributed income to unit holders

115S

Interest payable for non-payment of tax

115T

Unit Trust of India or mutual fund to be an assessee in default

 

CHAPTER XII-F

 

SPECIAL PROVISIONS RELATING TO TAX ON INCOME RECEIVED FROM VENTURE CAPITAL COMPANIES AND VENTURE CAPITAL FUNDS

115U

Tax on income in certain cases

 

CHAPTER XII-G

 

SPECIAL PROVISIONS RELATING TO INCOME OF SHIPPING COMPANIES

 
A. – Meaning of certain expressions

115V

Definitions

 
B. – Computation of tonnage income from business of operating qualified ships

115VA

Computation of profits and gains from the business of operating qualifying ships

115VB

Operating ships

115VC

Qualifying company

115VD

Qualifying ship

115VE

Manner of computation of income under tonnage tax scheme

115VF

Tonnage income

115VG

Computation of tonnage income

115VH

Calculation in case of joint operation, etc.

115VI

Relevant shipping income

115VJ

Treatment of common costs

115VK

Depreciation

115VL

General exclusion of deduction and set off, etc.

115VM

Exclusion of loss

115VN

Chargeable gains from transfer of tonnage tax assets

115VO

Exclusion from section 115JB

 
C. – Procedure for option of tonnage tax scheme

115VP

Method and time of opting fro tonnage tax scheme

115VQ

Period for which tonnage tax option to remain in force

115VR

Renewal of tonnage tax scheme

115VS

Prohibition to opt for tonnage tax scheme in certain cases

 
D. – Conditions for applicability of tonnage tax scheme

115VT

Transfer of profits to Tonnage Tax Reserve Account

115VU

Minimum training requirement for tonnage tax compnay

115VV

Limit for charter in of tonnage

115VW

Maintenance and audit of accounts

115VX

Determination of tonnage

 
E. – Amalgamation and demerger of shipping companies
 

115VY

Amalgamation

115VZ

Demerger

115VZA

Effect of temporarily ceasing to operate qualifying ships

 
G. – Provisions of this Chapter not to apply in certain cases

115VZB

Avoidance of tax

115VZC

Exclusion from tonnage tax scheme

 

CHAPTER XIII

 

INCOME-TAX AUTHORITIES

 

A. – Appointment and control

116

Income-tax authorities

117

Appointment of income-tax authorities

118

Control of income-tax authorities

119

Instructions to subordinate authorities

 

B. – Jurisdiction

120

Jurisdiction of income-tax authorities

121

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

121A

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

122

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

123

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

124

Jurisdiction of Assessing Officers

125

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

125A

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

126

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

127

Power to transfer cases

128

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

129

Change of incumbent of an office

130

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

130A

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1988]

 
C. - Powers

131

Power regarding discovery, production of evidence, etc.

132

Search and seizure

132A

Powers to requisition books of account, etc.

132B

Application of seized or requisitioned assets

133

Power to call for information

133A

Power of survey

133B

Power to collect certain information

134

Power to inspect registers of companies

135

Power of Director General or Director, Chief Commissioner or Commissioner and Joint Commissioner

136

Proceedings before income-tax authorities to be judicial proceedingsi

 
D. – Disclosure of information

137

[OMITTED BY THE FINANCE ACT, 1964, W.E.F. 1-4-1964]

138

Disclosure of information respecting assessees

 
CHAPTER XIV

 

PROCEDURE FOR ASSESSMENT

139

Return of income

139A

Permanent account number

140

Return by whom to be signed

140A

Self-assessment

141

[OMITTED BY THE TAXATION LAWS (AMENDMENT) ACT, 1970, W.E.F. 1-4-1971]

141A

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

142

Inquiry before assessment

142A

Estimate by Valuation Officer in certain cases

143

Assessment

144

Best judgment assessment

144A

Power of Joint Commissioner to issue directions in certain cases

144B

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

145

Method of accounting

145A

Method of accounting in certain cases

146

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

147

Income escaping assessment

148

Issue of notice where income has escaped assessment

149

Time limit for notice

150

Provision for cases where assessment is in pursuance of an order on appeal, etc.

151

Sanction for issue of notice

152

Other provisions

153

Time limit for completion of assessments and reassessments

153A

Assessment in case of search or requisition

153B

Time limit for completion of assessment under section 153A

153C

Assessment of income of any other person

154

Rectification of mistake

155

Other amendments

156

Notice of demand

157

Intimation of loss

158

Intimation of assessment of firm

 

CHAPTER XIV-A

 

SPECIAL PROVISION FOR AVOIDING REPETITIVE APPEALS

158A

Procedure when assessee claims identical question of law is pending before High Court or Supreme Court

 

CHAPTER XIV-B

 

SPECIAL PROCEDURE FOR ASSESSMENT OF SEARCH CASES

158B

Definitions

158BA

Assessment of undisclosed income as a result of search

158BB

Computation of undisclosed income of the block period

158BC

Procedure for block assessment

158BD

Undisclosed income of any other person

158BE

Time limit for completion of block assessment

158BF

Certain interests and penalties not to be levied or imposed

158BFA

Levy of interest and penalty in certain cases

158BG

Authority competent to make the block assessment

158BH

Application of other provisions of this Act

158BI

Chapter not to apply after certain date

 

CHAPTER XV

 

LIABILITY IN SPECIAL CASES

 
A. – Legal representatives

159

Legal representatives

 
B. – Representative assesses – General provisions

160

Representative assessee

161

Liability of representative assessee

162

Right of representative assessee to recover tax paid

 
C. – Representative assesses – Special cases

163

Who may be regarded as agent

164

Charge of tax where share of beneficiaries unknown

164A

Charge of tax in case of oral trust

165

Case where part of trust income is chargeable

 
D. – Representative assesses – Miscellaneous provisions

166

Direct assessment or recovery not barred

167

Remedies against property in cases of representative assesses

 
DD. – Firms, association of persons and body of individuals

167A

Charge of tax in the case of a firm

167B

Charge of tax where shares of members in association of persons or body of individuals unknown, etc.

 
E. – Executors

168

Executors

169

Right of executor to recover tax paid

 
F. – Succession to business or profession

170

Succession to business otherwise than on death

 
G. – Partition

171

Assessment after partition of a Hindu undivided family

 
H. Profits of non-residents from occasionall shipping business

172

Shipping business of non-residents

 
I. – Recovery of tax in respect of non-residents

173

Recovery of tax in respect of non-resident from his assets

 
J. – Persons leaving India

174

Assessment of persons leaving India

 
JA. – Association of persons or body of individuals or artificial juridical person formed for a particular event or purpose

174A

Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose

 
K. – Persons trying to alienate their assets

175

Assessment of persons likely to transfer property to avoid tax

 
L. – Discontinuance of business, or dissolution

176

Discontinued business

177

Association dissolved or business discontinued

178

Company in liquidation

 
M. – Private companies

179

Liability of directors of private company in liquidation

 
N. – Special provisions for certain kinds of income

180

Royalties or copyright fees for literary or artistic work

180A

Consideration for know-how

O.- [omitted]

181

[OMITTED BY THE FINANCE ACT, 1988, W.E.F. 1-4-1989]

 
CHAPTER XVI

 

SPECIAL PROVISIONS APPLICABLE TO FIRMS

 
A. – Assessment of firms

182

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

183

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

184

Assessment as a firm

185

Assessment when section 184 not complied with

187

Change in constitution of a firm

188

Succession of one firm by another firm

188A

Joint and several liability of partners for tax payable by firm

189

Firm dissolved or business discontinued

189A

Provisions applicable to past assessments of firms

 
CHAPTER XVII

 

COLLECTION AND RECOVERY OF TAX

 
A. - General

190

Deduction at source and advance payment

191

Direct payment

 
B. – Deduction at source

192

Salary

193

Interest on securities

194

Dividends

194A

Interest other than “Interest on securities”

194B

Winnings from lottery or crossword puzzle

194BB

Winnings from horse race

194C

Payments to contractors and sub-contractors

194D

Insurance commission

194E

Payments to non-resident sportsmen or sports associations

194EE

Payments in respect of deposits under National Savings Scheme, etc.

194F

Payments on account of repurchase of units by Mutual Fund or Unit Trust of India

194G

Commission, etc., on the sale of lottery tickets

194H

Commission or brokerage

194I

Rent

194J

Fees for professional or technical services

194K

Income in respect of units

194L

Payment of compensation on acquisition of capital asset

194LA

Payment of compensation on acquisition of certain immovable property

195

Other sums

195A

Income payable “net of tax”

196

Interest or dividend or other sums payable to Government, Reserve Bank or certain corporations

196A

Income in respect of units of non-residents

196B

Income from units

196C

Income from foreign currency bonds or shares of Indian company

196D

Income of Foreign Institutional Investors from securities

197

Certificate for deduction at lower rate

197A

No deduction to be made in certain cases

198

Tax deducted is income received

199

Credit for tax deducted

200

Duty of person deducting tax

201

Consequences of failure to deduct or pay

202

Deduction only one mode of recovery

203

Certificate for tax deducted

203A

Tax deduction and collection account number

203AA

Furnishing of statement of tax deducted, etc.

204

Meaning of “person responsible for paying”

205

Bar against direct demand on assessee

206

Persons deducting tax to furnish prescribed returns

206A

[OMITTED BY THE FINANCE (NO. 2) ACT, 1996, W.E.F. 1-10-1996]

206B

[OMITTED BY THE FINANCE (NO. 2) ACT, 1996, W.E.F. 1-10-1996]

 
BB. – Collection at source

206C

Profits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.

206CA

Tax collection account number

 
C. – Advance payment of tax

207

Liability for payment of advance tax

208

Conditions of liability to pay advance tax

209

Computation of advance tax

209A

[OMITTED BY THE DIRECT TAX LAWS (AMDT.) ACT, 1987, W.E.F. 1-4-1988]

210

Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer

211

Instalments of advance tax and due dates

212

[OMITTED BY THE DIRECT TAX LAWS (AMDT.) ACT, 1987, W.E.F. 1-4-1988]

213

[OMITTED BY THE DIRECT TAX LAWS (AMDT.) ACT, 1987, W.E.F. 1-4-1988]

214

Interest payable by Government

215

Interest payable by assessee

216

Interest payable by assessee in case of underestimate, etc.

217

Interest payable by assessee when no estimate made

218

When assessee deemed to be in default

219

Credit for advance tax

 
D. – Collection and recovery

220

When tax payable and when assessee deemed in default

221

Penalty payable when tax in default

222

Certificate to Tax Recovery Officer

223

Tax Recovery Officer by whom recovery is to be effected

224

Validity of certificate and cancellation or amendment thereof

225

Stay of proceedings in pursuance of certificate and amendment or cancellation thereof

226

Other modes of recovery

227

Recovery through State Government

228

[OMITTED BY THE DIRECT TAX LAWS (AMDT.) ACT, 1987, W.E.F. 1-4-1989]

228A

Recovery of tax in pursuance of agreements with foreign countries

229

Recovery of penalties, fine, interest and other sums

230

Tax clearance certificate

230A

[OMITTED BY THE FINANCE ACT, 2001, W.E.F. 1-6-2001]

231

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

232

Recovery by suit or under other law not affected

 
E. – Tax payable under provisional assessment

233

[OMITTED BY THE TAXATION LAWS (AMENDMENT) ACT, 1970, W.E.F. 1-4-1971]

234

[OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, W.E.F. 1-4-1989]

 
F. – Interest chargeable in certain cases

234A

Interest for defaults in furnishing return of income

234B

Interest for defaults in payment of advance tax

234C

Interest for deferment of advance tax

234D

Interest on excess refund

 

CHAPTER XVIII

 

RELIEF RESPECTING TAX ON DIVIDENDS IN CERTAIN CASES

235

[OMITTED BY THE FINANCE (NO. 2) ACT, 1971, W.E.F. 1-4-1972]

236

Relief to company in respect of dividend paid out of past taxed profits

236A

Relief to certain charitable institutions or funds in respect of certain dividends

 

CHAPTER XIX

 

REFUNDS

237

Refunds

238

Person entitled to claim refund in certain special cases

239

Form of claim for refund and limitation

240

Refund on appeal, etc.

241

[OMITTED BY THE FINANCE ACT, 2001, W.E.F. 1-6-2001]

242

Correctness of assessment not to be questioned

243

Interest on delayed refunds

244

Interest on refund where no claim is needed

244A

Interest on refunds

245

Set off of refunds against tax remaining payable

 

CHAPTER XIX-A

 

SETTLEMENT OF CASES

245A

Definitions

245B

Income-tax Settlement Commission

245BA

Jurisdiction and powers of Settlement Commission

245BB

Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

245BC

Power of Chairman to transfer cases from one Bench to another

245BD

Decision to be by majority

245C

Application for settlement of cases

245D

Procedure on receipt of an application under section 245C

245DD

Power of Settlement Commission to order provisional attachment to protect revenue

245E

Power of Settlement Commission to reopen completed proceedings

245F

Powers and procedure of Settlement Commission

245G

Inspection, etc., of reports

245H

Power of Settlement Commission to grant immunity from prosecution and penalty

245HA

[OMITTED BY THE FINANCE ACT, 2002, W.E.F. 1-6-2002.]

245I

Order of settlement to be conclusive

245J

Recovery of sums due under order of settlement

245K

Bar on subsequent application for settlement in certain cases

245L

Proceedings before Settlement Commission to be judicial proceedings

245M

[OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-6-1987]

 
CHAPTER XIX-B

 

ADVANCE RULINGS

245N

Definitions

245O

Authority for advance rulings

245P

Vacancies, etc., not to invalidate proceedings

245Q

Application for advance ruling

245R

Procedure on receipt of application

245RR

Appellate authority not to proceed in certain cases

245S

Applicability of advance ruling

245T

Advance ruling to be void in certain circumstances

245U

Powers of the Authority

245V

Procedure of Authority

 

CHAPTER XX

 

APPEALS AND REVISION

 
A. – Appeals to the Deputy Commissioner (Appeals) and Commissioner (Appeals)

246

Appealable orders

246A

Appealable orders before Commissioner (Appeals)

247

[OMITTED BY THE FINANCE ACT, 1992, W.E.F. 1-4-1993]

248

Appeal by person denying liability to deduct tax

249

Form of appeal and limitation

250

Procedure in appeal

251

Powers of the Commissioner (Appeals)

 
B. – Appeals to the Appellate Tribunal

252

Appellate Tribunal

253

Appeals to the Appellate Tribunal

254

Orders of Appellate Tribunal

255

Procedure of Appellate Tribunal

 
C. – Reference to High Court

256

Statement of case to the High Court

257

Statement of case to Supreme Court in certain cases

258

Power of High Court or Supreme Court to require statement to be amended

259

Case before High Court to be heard by not less than two Judges

260

Decision of High Court or Supreme Court on the case stated

 
CC. – Appeals to High Court

260A

Appeal to High Court

260B

Case before High Court to be heard by not less than two Judges

 
D. – Appeals to the Supreme Court

261

Appeal to Supreme Court

262

Hearing before Supreme Court

 
E. – Revision by the Commissioner

263

Revision of orders prejudicial to revenue

264

Revision of other orders

 
F. - General

265

Tax to be paid notwithstanding reference, etc.

266

Execution for costs awarded by Supreme Court

267

Amendment of assessment on appeal

268

Exclusion of time taken for copy

269

Definition of “High Court”

 
CHAPTER XX-A

 

ACQUISITION OF IMMOVABLE PROPERTIES IN CERTAIN CASES OF TRANSFER TO COUNTERACT EVASION OF TAX

269A

Definitions

269AB

Registration of certain transactions

269B

Competent authority

269C

Immovable property in respect of which proceedings for acquisition may be taken

269D

Preliminary notice

269E

Objections

269F

Hearing of objections

269G

Appeal against order for acquisition

269H

Appeal to High Court

269I

Vesting of property in Central Government

269J

Compensation

269K

Payment or deposit of compensation

269L

Assistance by Valuation Officers

269M

Powers of competent authority

269N

Rectification of mistakes

269O

Appearance by authorised representative or registered valuer

269P

Statement to be furnished in respect of transfers of immovable property

269Q

Chapter not to apply to transfers to relatives

269R

Properties liable for acquisition under this Chapter not to be acquired under other laws

269RR

Chapter not to apply where transfer of immovable property made after a certain date

269S

Chapter not to extend to State of Jammu and Kashmir

 

CHAPTER XX-B

 

REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX

269SS

Mode of taking or accepting certain loans and deposits

269T

Mode of repayment of certain loans or deposits

269TT

Mode of repayment of Special Bearer Bonds, 1991

 

CHAPTER XX-C

 

PURCHASE BY CENTRAL GOVERNMENT OF IMMOVABLE PROPERTIES IN CERTAIN CASES OF TRANSFER

269U

Commencement of Chapter

269UA

Definitions

269UB

Appropriate authority

269UC

Restrictions on transfer of immovable property

269UD

Order by appropriate authority for purchase by Central Government of immovable property