|
INCOME-TAX
ACT, 1961
Updated till Finance
(No. 2) Act 2004 |
|
|
| SECTION |
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|
CHAPTER
I |
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|
PRELIMINARY |
|
1 |
Short title, extent and commencement |
|
2 |
Definitions |
|
3 |
Previous year defined |
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|
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 |