CHAPTER
XV
LIABILITY IN SPECIAL
CASES
Legal representatives.47[R1]
159. (1) Where
a person dies, his legal representative shall be liable to pay any sum which
the deceased would have been liable to pay if he had not died, in the like
manner and to the same extent as the deceased.
(2) For the purpose of making an assessment (including an
assessment, reassessment or recomputation under section 147) of the income of
the deceased and for the purpose of levying any sum in the hands of the legal
representative in accordance with the provisions of sub-section (1),—
(a) any proceeding
taken against the deceased before his death shall be deemed to have been taken
against the legal representative and may be continued against the legal
representative from the stage at which it stood on the date of the death of the
deceased;
(b) any proceeding which could have been taken against the
deceased if he had survived, may be taken against the legal representative; and
(c) all the provisions of this Act shall apply accordingly.
(3) The legal representative of
the deceased shall, for the purposes of this Act, be deemed to be an assessee.
(4) Every legal representative shall be personally liable for any
tax payable by him in his capacity as legal representative if, while his
liability for tax remains undischarged, he creates a charge on or disposes of
or parts with any assets48[R2] of the estate of the deceased, which are in,
or may come into, his possession, but such liability shall be limited to the
value of the asset so charged, disposed of or parted with.
(5) The provisions of sub-section (2) of section 161, section 162,
and section 167, shall, so far as may be and to the extent to which they are
not inconsistent with the provisions of this section, apply in relation to a
legal representative.
(6) The liability of a legal representative under this section
shall, subject to the provisions of sub-section (4) and sub-section (5), be
limited to the extent to which the estate is capable of meeting the liability.
B. – Representative assesses – General
provisions
Representative assessee.49[R3]
160. (1) For
the purposes of this Act, “representative assessee” means—
(i) in respect of the income of a non-resident specified in 50[R4] [***] sub-section (1) of section 9, the agent
of the non-resident, including a person who is treated as an agent under
section 163;
(ii) in
respect of the income of a minor, lunatic or idiot, the guardian or manager who
is entitled to receive or is in receipt of such income on behalf of such minor,
lunatic or idiot;
(iii) in
respect of income which the Court of Wards, the Administrator- General, the
Official Trustee or any receiver or manager (including any person, whatever his
designation, who in fact manages property on behalf of another) appointed by or
under any order of a court, receives or is entitled to receive, on behalf or
for the benefit of any person, such Court of Wards, Administrator-General,
Official Trustee, receiver or manager;
(iv) in
respect of income which a trustee51[R5] appointed under a trust declared by a duly
executed instrument in writing whether testamentary or otherwise [including any
wakf51[R6] deed which is valid under the Mussalman Wakf Validating
Act, 1913 (6 of 1913),] receives or is entitled to receive on behalf or for the
benefit of any person, such trustee or trustees;
52[R7] [(v) in respect of income which a trustee
appointed under an oral trust receives or is entitled to receive on behalf or
for the benefit of any person, such trustee or trustees.
Explanation 1.—A trust
which is not declared by a duly executed instrument in writing [including any
wakf deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of
1913),] shall be deemed, for the purposes of clause (iv), to be a trust declared by a duly executed instrument in
writing if a statement in writing, signed by the trustee or trustees, setting
out the purpose or purposes of the trust, particulars as to the trustee or
trustees, the beneficiary or beneficiaries and the
trust property, is forwarded to the 53[R8] [Assessing] Officer,—
(i) where the trust has been declared before the 1st day of
June, 1981, within a period of three months from that day; and
(ii) in any other case, within three months from the date of
declaration of the trust.
Explanation 2.—For the purposes of clause (v), “oral trust” means a trust which
is not declared by a duly executed instrument in writing [including any wakf
deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of 1913),]
and which is not deemed under Explanation
1 to be a trust declared by a duly executed instrument in writing.]
(2) Every representative assessee shall be deemed to be an
assessee for the purposes of this Act.
Liability of
representative assessee.
161. (1) Every
representative assessee, as regards the income in respect of which he is a
representative assessee, shall be subject to the same duties, responsibilities
and liabilities as if the income were income received by or accruing to or in
favour of him beneficially, and shall be liable to assessment in his own name
in respect of that income; but any such assessment shall be deemed to be made
upon him in his representative capacity only, and the tax shall, subject to the
other provisions contained in this Chapter, be levied upon and recovered from
him in like manner and to the same extent as it would be leviable upon and
recoverable from the person represented by him.
54[R9] (1A) Notwithstanding
anything contained in sub-section (1), where any income in respect of which the
person mentioned in clause (iv)
of sub-section (1) of section 160 is liable as representative assessee consists
of, or includes, profits and gains of business, tax shall be charged on the
whole of the income in respect of which such person is so liable at the maximum
marginal rate :
Provided that the provisions of this sub-section shall not apply where such
profits and gains are receivable under a trust declared by any person by will
exclusively for the benefit of any relative dependent on him for support and
maintenance, and such trust is the only trust so declared by him.55[R10] [***]
(2) Where any person is, in respect of any income, assessable
under this Chapter in the capacity of a representative assessee, he shall not,
in respect of that income, be assessed under any other provision of this Act.
Right of
representative assessee to recover tax paid.
162. (1) Every
representative assessee who, as such, pays any sum under this Act, shall be
entitled to recover the sum so paid from the person on whose behalf it is paid,
or to retain out of any moneys that may be in his possession or may come to him
in his representative capacity, an amount equal to the sum so paid.
(2) Any representative assessee, or any person
who apprehends that he may be assessed as a representative assessee, may retain
out of any money payable by him to the person on whose behalf he is liable to
pay tax (hereinafter in this section referred to as the principal), a sum equal
to his estimated liability under this Chapter, and in the event of any
disagreement between the principal and such representative assessee or person
as to the amount to be so retained, such representative assessee or person may
secure from the 56[R11] [Assessing]
Officer a certificate stating the amount to be so retained pending final
settlement of the liability, and the certificate so obtained shall be his
warrant for retaining that amount.
(3) The amount recoverable from
such representative assessee or person at the time of final settlement shall
not exceed the amount specified in such certificate, except to the extent to
which such representative assessee or person may at such time have in his hands
additional assets of the principal.
C.—Representative
assessees—Special cases
Who may be
regarded as agent.57[R12]
163. (1) For
the purposes of this Act, “agent”, in relation to a non-resident, includes any
person in
(a) who is employed by or on behalf of the non-resident; or
(b) who has any business connection with the non-resident; or
(c) from or through whom the non-resident is in receipt of any
income, whether directly or indirectly; or
(d) who is the trustee of the non-resident;and
includes also any other person who, whether a resident or non-resident, has
acquired by means of a transfer, a capital asset in
Provided that a broker in India who, in respect of any
transactions, does not deal directly with or on behalf of a non-resident
principal but deals with or through a non-resident broker shall not be
deemed to be an agent under this section in respect of such transactions, if
the following conditions are fulfilled, namely:—
(i) the transactions are carried on in the ordinary course of
business through the first-mentioned broker; and
(ii) the non-resident broker is carrying on such transactions in
the ordinary course of his business and not as a principal.
58[R13] Explanation.—For the purposes of this sub-section, the expression “business
connection” shall have the meaning assigned to it in Explanation 2 to clause (i)
of sub-section (1) of section 9 of this Act.]
(2) No person shall be treated as the agent of a non-resident
unless he has had an opportunity of being heard by the 59[R14] [Assessing]
Officer as to his
liability to be treated as such.
60[R15] Charge of tax where share of beneficiaries unknown.
164. (1) 61[R16] Subject to the provisions of sub-sections (2) and
(3), where] any income in respect of which the persons mentioned in clauses (iii) and (iv) of sub-section (1) of section 160 are liable as
representative assessees or any part thereof is not specifically receivable on
behalf or for the benefit of62[R17] any one person or where the individual shares
of the persons on whose behalf or for whose benefit such income or such part
thereof is receivable are indeterminate or unknown (such income, such part of
the income and such persons being hereafter in this section referred to as
“relevant income”, “part of relevant income” and “beneficiaries”,
respectively), 63[R18] [tax
shall be charged on the relevant income or part of relevant income at the
maximum marginal rate64[R19] :]
Provided that in a case where—
65[R20] [(i) none
of the beneficiaries has any other income chargeable under this Act exceeding
the maximum amount not chargeable to tax in the case of an 66[R21] [association
of persons] or is a beneficiary under any other trust; or]
(ii) the relevant income or part of relevant income is receivable
under 67[R22] [a
trust declared by any person by will and such trust is the only trust so
declared by him]; or
(iii) the
relevant income or part of relevant income is receivable under a trust created
before the 1st day of March, 1970, by a non-testamentary instrument and the 68[R23] [Assessing]
Officer is satisfied, having regard to all the circumstances existing at the
relevant time, that the trust was created bona fide exclusively for the benefit of the relatives of the
settlor, or where the settlor is a Hindu undivided family, exclusively for the
benefit of the members of such family, in
circumstances where such relatives or members were mainly dependent on the
settlor for their support and maintenance; or
(iv) the
relevant income is receivable by the trustees on behalf of a provident fund,
superannuation fund, gratuity fund, pension fund or any other fund created bona fide by a person carrying on a
business or profession exclusively for the benefit of persons employed in such business
or profession,tax shall be
charged 69[R24] [on
the relevant income or part of relevant income as if it] were the total income
of an 70[R25] [association
of persons] :
71[R26] Provided
further that where any income
in respect of which the person mentioned in clause (iv) of sub-section (1) of section 160 is liable as
representative assessee consists of, or includes, profits and gains of
business, the preceding proviso shall apply only if such profits and gains are
receivable under a trust declared by any person by will exclusively for the
benefit of any relative dependent on him for support and maintenance, and such
trust is the only trust so declared by him.]
72[R27] (2) In the case of relevant income which
is derived from property held under trust wholly for charitable or religious
purposes, 73[R28] [or
which is of the nature referred to in sub-clause (iia) of clause (24)
of section 2,] 74[R29] [or
which is of the nature referred to in sub-section (4A) of section 11,] tax
shall be charged on so much of the relevant income as is not exempt under
section 11 75[R30] [or
section 12], as if the relevant income not so exempt were the income of an
association of persons :
76[R31] Provided that in a case where the whole or any part of
the relevant income is not exempt under section 11 or section 12 by virtue of
the provisions contained in clause (c)
or clause (d) of sub-section
(1) of section 13, tax shall be charged on the relevant income or part of
relevant income at the maximum marginal rate.]]
77[R32] (3) In a case where the relevant income
is derived from property held under trust in part only for charitable or
religious purposes 78[R33] [or
is of the nature referred to in sub-clause (iia) of clause (24)
of section 2] 79[R34] [or
is of the nature referred to in sub-section (4A) of section 11,] and either the
relevant income applicable to purposes other than charitable or religious
purposes (or any part thereof) 80[R35] [is
not specifically receivable on behalf or for the benefit of any one person or
the individual shares of the beneficiaries in the income so applicable are
indeterminate or unknown, the tax chargeable on the relevant income shall be
the aggregate of—
(a) the tax which
would be chargeable on that part of the relevant income which is applicable to
charitable or religious purposes (as reduced by the income, if any, which is
exempt under section 11) as if such part (or such part as so reduced) were the
total income of an association of persons; and
(b) the tax on that
part of the relevant income which is applicable to purposes other than
charitable or religious purposes, and which is either not specifically
receivable on behalf or for the benefit of any one person or in respect of which
the shares of the beneficiaries are indeterminate or unknown, at the maximum
marginal rate :]
Provided that in a case where—
81[R36] (i) none
of the beneficiaries in respect of the part of the relevant income which is not
applicable to charitable or religious purposes has any other income chargeable
under this Act exceeding the maximum amount not chargeable to tax in the case
of an association of persons or is a beneficiary under any other trust; or]
(ii) the relevant income is receivable under 82[R37] [a
trust declared by any person by will and such trust is the only trust so
declared by him]; or
(iii) the relevant
income is receivable under a trust created before the 1st day of March, 1970,
by a non-testamentary instrument and the 83[R38] [Assessing]
Officer is satisfied, having regard to all the circumstances existing at the
relevant time, that the trust, to the extent it is not for charitable or
religious purposes, was created bona
fide exclusively for the benefit of the relatives of the settlor, or where
the settlor is a Hindu undivided family, exclusively for the benefit of the
members of such family, in circumstances where such relatives or members were
mainly dependent on the settlor for their support and maintenance,tax
shall be charged 84[R39] [on
the relevant income] as if the relevant income (as reduced by the income, if
any, which is exempt under section 11) were the total income of an association
of persons :]
85[R40] Provided
further that where the
relevant income consists of, or includes, profits and gains of business, the
preceding proviso shall apply only if the income is receivable under a trust
declared by any person by will exclusively for the benefit of any relative
dependent on him for support and maintenance, and such trust is the only trust
so declared by him :
Provided also that in a case where the whole or any part of
the relevant income is not exempt under section 11 or section 12 by virtue of
the provisions contained in clause (c)
or clause (d) of sub-section
(1) of section 13, tax shall be charged on the relevant income or part of
relevant income at the maximum marginal rate.]]
86[R41] Explanation 1.—For
the purposes of this section,—
(i) any income in
respect of which the persons mentioned in clause (iii) and clause (iv)
of sub-section (1) of section 160 are liable as representative assessee or any
part thereof shall be deemed as being not specifically receivable on behalf or
for the benefit of any one person unless the person on whose behalf or for
whose benefit such income or such part thereof is receivable during the
previous year is expressly stated in the order of the court or the instrument
of trust or wakf deed, as the case may be, and is identifiable as such on the
date of such order, instrument or deed ;
(ii) the individual
shares of the persons on whose behalf or for whose benefit such income or such
part thereof is received shall be deemed to be indeterminate or unknown unless
the individual shares of the persons on whose behalf or for whose benefit such
income or such part thereof is receivable, are expressly stated in the order of
the court or the instrument of trust or wakf deed, as the case may be, and are
ascertainable as such on the date of such order, instrument or deed.
Explanation 2.—[Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.]
87[R42] Charge of tax in case of oral trust.
164A. Where
a trustee receives or is entitled to receive any income on behalf or for the
benefit of any person under an oral trust, then, notwithstanding anything
contained in any other provision of this Act, tax shall be charged on such
income at the maximum marginal rate.
Explanation.—For the purposes of
this section,—
(ii) “oral trust” shall have the meaning assigned to it in Explanation 2 below sub-section (1)
of section 16.]
Case where
part of trust income is chargeable.
165. Where
part only of the income of a trust is chargeable under this Act, that
proportion only of the income receivable by a beneficiary from the trust which
the part so chargeable bears to the whole income of the trust shall be deemed
to have been derived from that part.
D.—Representative
assessees - Miscellaneous provisions
Direct
assessment or recovery not barred.
89[R44] 166. Nothing
in the foregoing sections in this Chapter shall prevent either the direct assessment
of the person on whose behalf or for whose benefit income therein referred to is receivable, or the recovery from such person of the tax
payable in respect of such income.
Remedies
against property in cases of representative assessees.
167. The 90[R45] [Assessing]
Officer shall have the same remedies against all property of any kind vested in
or under the control or management of any representative assessee as he would
have against the property of any person liable to pay any tax, and in as full
and ample a manner, whether the demand is raised against the representative
assessee or against the beneficiary direct.
91[R46] DD.—Firms,
association of persons and body of individuals]
92[R47] Charge of tax in the case of a firm.93[R48]
167A. In the
case of a firm which is assessable as a firm, tax shall be charged on its total
income at the 94[R49] [rate
as specified in the Finance Act of the relevant year].]
95[R50] Charge of tax where shares of members in
association of persons or body of individuals unknown, etc.
96[R51] 167B. (1) Where
the individual shares of the members of an association of persons or body of individuals
(other than a company or a co-operative society or a society registered under
the Societies Registration Act, 1860 (21 of 1860) or under any law
corresponding to that Act in force in any part of India) in the whole or any
part of the income of such association or body are indeterminate or unknown,
tax shall be charged on the total income of the association or body at the maximum marginal rate:
Provided that, where the total income of any member of such association or body
is chargeable to tax at a rate which is higher than the maximum marginal rate,
tax shall be charged on the total income of the association or body at such higher rate.
(2) Where, in the case of an association of persons or body of
individuals as aforesaid [not being a case falling under sub-section (1)],—
(i) the total income
of any member thereof for the previous year (excluding his share from such
association or body) exceeds the maximum amount which is not chargeable to tax
in the case of that member under the Finance Act of the relevant year, tax
shall be charged on the total income of the association or body at the maximum
marginal rate;
(ii) any member or
members thereof is or are chargeable to tax at a rate or rates which is or are
higher than the maximum marginal rate, tax shall be charged on that portion or
portions of the total income of the association or body which is or are
relatable to the share or shares of such member or members at such higher rate
or rates, as the case may be, and the balance of the total income of the
association or body shall be taxed at the maximum marginal rate.
Explanation.—For the purposes of this section, the
individual shares of the members of an association of persons or body of
individuals in the whole or any part of the income of such association or body
shall be deemed to be indeterminate or unknown if such shares (in relation to
the whole or any part of such income) are indeterminate or unknown on the date
of formation of such association or body or at any time thereafter.]
E.—Executors
Executors.
168. (1) Subject
as hereinafter provided, the income of the estate of a deceased person shall be
chargeable to tax in the hands of the executor,—
(a) if there is only one executor, then, as if the executor97[R52] were
an individual; or
(b) if there are more executors than one, then, as if the
executors were an association of persons;and for the
purposes of this Act, the executor shall be deemed to be resident or
non-resident according as the deceased person was a resident or non-resident
during the previous year in which his death took place.
(2) The assessment of an executor under this section shall be made
separately from any assessment that may be made on him in respect of his own
income.
(3) Separate assessments shall be made under this section on the
total income of each completed previous year or part thereof as is included in
the period from the date of the death to the date of complete distribution to
the beneficiaries of the estate according to their several interests98.[R53]
(4) In computing the total income of any previous year under this
section, any income of the estate of that previous year distributed to, or
applied to the benefit of, any specific legatee of the estate during that
previous year shall be excluded; but the income so excluded shall be included
in the total income of the previous year of such specific legatee.
Explanation.—In this section,
“executor” includes an administrator or other person administering the estate
of a deceased person99[R54] .
Right of
executor to recover tax paid.
169. The
provisions of section 162 shall, so far as may be, apply in the case of an
executor in respect of tax paid or payable by him as they apply in the case of
a representative assessee.
F.—Succession to business or profession
Succession
to business otherwise than on death.
170. (1) Where
a person carrying on any business or profession (such person hereinafter in
this section being referred to as the predecessor) has been succeeded therein
by any other person (hereinafter in this section referred to as the successor)
who continues to carry on that business or profession,—
(a) the predecessor shall be assessed in respect of the income
of the previous year in which the succession took place up to the date of
succession;
(b) the successor shall be assessed in respect of the income of
the previous year after the date of succession.
(2) Notwithstanding anything contained in sub-section (1), when
the predecessor cannot be found, the assessment of the income of the previous
year in which the succession took place up to the date of succession and of the
previous year preceding that year shall be made on the successor in like manner
and to the same extent as it would have been made on the predecessor, and all
the provisions of this Act shall, so far as may be, apply accordingly.
(3) When any sum payable under this section in respect of the
income of such business or profession for the previous year in which the
succession took place up to the date of succession or for the previous year
preceding that year, assessed on the predecessor, cannot be recovered from him,
the 1[R55] [Assessing]
Officer shall record a finding to that effect and the sum payable by the
predecessor shall thereafter be payable by and recoverable from the successor,
and the successor shall be entitled to recover from the predecessor any sum so
paid.
(4) Where any business or profession carried on by a Hindu
undivided family is succeeded to, and simultaneously with the succession or after
the succession there has been a partition of the joint family property between
the members or groups of members, the tax due in respect of the income of the
business or profession succeeded to, up to the date of succession, shall be
assessed and recovered in the manner provided in section 171, but without
prejudice to the provisions of this section.
Explanation.—For the purposes of
this section, “income” includes any gain accruing from the transfer, in any
manner whatsoever, of the business or profession as a result of the succession.
G.—Partition
Assessment
after partition of a Hindu undivided family.
171. (1) A
Hindu family hitherto assessed as undivided shall be deemed for the purposes of
this Act to continue to be a Hindu undivided family, except where and in so far
as a finding of partition has been given under this section in respect of the
Hindu undivided family.
(2) Where, at the time of making an assessment under section 143
or section 144, it is claimed by or on behalf of any member of a Hindu family
assessed as undivided that a partition, whether total or partial, has taken
place among the members of such family, the 2[R56] [Assessing]
Officer shall make an inquiry therein to after giving notice of the inquiry to
all the members of the family.
(3) On the completion of the inquiry, the 2[R57] [Assessing]
Officer shall record a
finding as to whether there has been a total or partial partition of the joint
family property, and, if there has been such a partition, the date on which it
has taken place.
(4) Where a finding of total or partial partition has been
recorded by the 2[R58] [Assessing]
Officer under this section, and the partition took place during the previous
year,—
(a) the total income
of the joint family in respect of the period up to the date of partition shall
be assessed as if no partition had taken place; and
(b) each member or group of members3[R59]
hall, in addition to any tax for which he or it may be separately liable and
notwithstanding anything contained in clause (2) of section 10, be jointly and severally liable for the tax on
the income so assessed.
(5) Where a finding of total or partial partition has been
recorded by the 4[R60] [Assessing]
Officer under this section, and the partition took place after the expiry of
the previous year, the total income of the previous year of the joint family
shall be assessed as if no partition had taken place; and the provisions of
clause (b) of sub-section (4)
shall, so far as may be, apply to the case.
(6) Notwithstanding anything contained in this section, if the 4[R61] [Assessing]
Officer finds after completion of the assessment of a Hindu undivided family
that the family has already effected a partition, whether total or partial, the
4[R62] [Assessing]
Officer shall proceed to recover the tax from every person who was a member of
the family before the partition, and every such person shall be jointly and
severally liable for the tax on the income so assessed.
(7) For the purposes of this section, the several liability of any
member or group of members thereunder shall be computed according to the
portion of the joint family property allotted to him or it at the partition,
whether total or partial.
(8) The provisions of this section shall, so far as may be, apply
in relation to the levy and collection of any penalty, interest, fine or other
sum in respect of any period up to date of the partition, whether total or
partial, of a Hindu undivided family as they apply in relation to the levy and
collection of tax in respect of any such period.
5[R63] [(9)
Notwithstanding anything
contained in the foregoing provisions of this section, where a partial
partition has taken place after the 31st day of December, 1978, among the
members of a Hindu undivided family hitherto assessed as undivided,—
(a) no claim that
such partial partition has taken place shall be inquired into under sub-section
(2) and no finding shall be recorded under sub-section (3) that such partial
partition had taken place and any finding recorded under sub-section (3) to
that effect whether before or after the 18th day of June, 1980, being the date
of introduction of the Finance (No. 2) Bill, 1980, shall be null and void;
(b) such family shall continue to be liable to be assessed under
this Act as if no such partial partition had taken place;
(c) each member or
group of members of such family immediately before such partial partition and
the family shall be jointly and severally liable for any tax, penalty,
interest, fine or other sum payable under this Act by the family in respect of
any period, whether before or after such partial partition;
(d) the several liability of any member or group of members
aforesaid shall be computed according to the portion of the joint family
property allotted to him or it at such partial partition,and
the provisions of this Act shall apply accordingly.]
Explanation.—In this section,—
(a) “partition” means—
(i) where
the property admits of a physical division, a physical division of the
property, but a physical division of the income without a physical division of
the property producing the income shall not be deemed to be a partition; or
(ii) where
the property does not admit of a physical division, then such division as the
property admits of, but a mere severance of status shall not be deemed to be a
partition;
(b) “partial partition” means a partition which is partial as
regards the persons constituting the Hindu undivided family, or the properties
belonging to the Hindu undivided family, or both.
H.—Profits of
non-residents from occasional shipping business
Shipping
business of non-residents.
6[R64] 172. (1) The
provisions of this section shall, notwithstanding anything contained in the
other provisions of this Act, apply for the purpose of the levy and recovery of
tax in the case of any ship, belonging to or chartered by a non-resident, which
carries passengers, livestock, mail or goods shipped at a port in India 7[R65] [***].
(2) Where such a ship carries passengers, livestock, mail or
goods shipped at a port in India, 8[R66] [seven
and a half] per cent of the amount paid or payable on account of such carriage
to the owner or the charterer or to any person on his behalf, whether that
amount is paid or payable in or out of India, shall be deemed to be income
accruing in India to the owner or charterer on account of such carriage.
(3) Before the departure from any port in India of any such ship,
the master of the ship shall prepare and furnish to the 9[R67] [Assessing]
Officer a return of the full amount paid or payable to the owner or charterer
or any person on his behalf, on account of the carriage of all passengers,
livestock, mail or goods shipped at that port since the last arrival of the
ship thereat:
Provided that where the 9[R68]
Assessing] Officer is satisfied that it is not possible for the master of the
ship to furnish the return required by this sub-section before the departure of
the ship from the port and provided the master of the ship has made
satisfactory arrangements for the filing of the return and payment of the tax
by any other person on his behalf, the 9[R69]
Assessing] Officer may, if the return is filed within thirty days of the departure
of the ship, deem the filing of the return by the person so authorised by the
master as sufficient compliance with this sub-section.
(4) On receipt of the return, the 10[R70]
Assessing] Officer shall assess the income referred to in sub-section (2) and
determine the sum payable as tax thereon at the rate or rates 11[R71] [in
force] applicable to the total income of a company which has not made the
arrangements referred to in section 194 and such sum shall be payable by the
master of the ship.
(5) For the purpose of determining the tax payable under
sub-section (4), the
10[R72] [Assessing]
Officer may call for such
accounts or documents as he may require.
(6) A port clearance shall not be granted to the ship until the
Collector of Customs, or other officer duly authorised to grant the same, is
satisfied that the tax assessable under this section has been duly paid or that
satisfactory arrangements have been made for the payment thereof.
(7) Nothing in this section shall be deemed to prevent the owner
or charterer of a ship from claiming before the expiry of the assessment year
relevant to the previous year in which the date of departure of the ship from
the Indian port falls, that an assessment be made of his total income of the
previous year and the tax payable on the basis thereof be determined in
accordance with the other provisions of this Act, and if he so claims, any
payment made under this section in respect of the passengers, livestock, mail
or goods shipped at Indian ports during that previous year shall be treated as
a payment in advance of the tax12[R73]
leviable for that assessment year, and the difference between the sum so paid
and the amount of tax found payable by him on such assessment shall be paid by
him or refunded to him, as the case may be.
13[R74] [(8)
For the purposes of this section,
the amount referred to in sub-section (2) shall include the amount paid or
payable by way of demurrage charge or handling charge or any other amount of
similar nature.]
Recovery of
tax in respect of non-resident from his assets.
173. Without
prejudice to the provisions of sub-section (1) of section 161 or of section
167, where the person entitled to the income referred to in clause (i) of sub-section (1) of section 9 is
a non-resident, the tax chargeable thereon, whether in his name or in the name
of his agent who is liable as a representative assessee, may be recovered by
deduction under any of the provisions of Chapter XVII-B and any arrears of tax
may be recovered also in accordance with the provisions of this Act from any
assets of the non-resident which are, or may at any time come, within India.
J.—Persons
leaving
Assessment
of persons leaving
174. (1) Notwithstanding
anything contained in section 4, when it appears to the 14[R75] [Assessing]
Officer that any individual may leave India during the current assessment year
or shortly after its expiry and that he has no present intention of returning
to India, the total income of such individual for the period from the expiry of
the previous year for that assessment year up to the probable date of his
departure from India shall be chargeable to tax in that assessment year.
(2) The total income of each completed previous year or part of
any previous year included in such period shall be chargeable to tax at the
rate or rates in force in that assessment year, and separate assessments shall
be made in respect of each such completed previous year or part of any previous
year.
(3) The 14[R76]
[Assessing] Officer may
estimate the income of such individual for such period or any part thereof,
where it cannot be readily determined in the manner provided in this Act.
(4) For the purpose of making an assessment under sub-section
(1), the 15[R77] [Assessing]
Officer may serve a notice upon such individual requiring him to furnish within
such time, not being less than seven days, as may be specified in the notice, a
return in the same form and verified in the same manner 16[R78] [as
a return under clause (i) of
sub-section (1) of section 142], setting forth his total income for each
completed previous year comprised in the period referred to in sub-section (1)
and his estimated total income for any part of the previous year comprised in
that period; and the provisions of this Act shall, so far as may be, and
subject to the provisions of this section, apply as if the notice were a 17[R79] [notice
issued under clause (i) of
sub-section (1) of section 142].
(5) The tax chargeable under this section shall be in addition
to the tax, if any, chargeable under any other provision of this Act.
(6) Where the provisions of sub-section (1) are applicable, any
notice issued by the 18[R80] [Assessing]
Officer under 19[R81] [clause
(i) of sub-section (1) of
section 142 or] section 148 in respect of any tax chargeable under any other
provision of this Act may, notwithstanding anything contained in 19[R82] [clause
(i) of sub-section (1) of
section 142 or] section 148, as the case may be, require the furnishing of the
return by such individual within such period, not being less than seven days,
as the 18[R83] [Assessing]
Officer may think proper.
20[R84] JA.—Association of persons or body of
individuals or artificial juridical person formed for a particular event or
purpose
Assessment of association of persons or body of individuals or
artificial juridical person formed for a particular event or purpose.
174A. Notwithstanding
anything contained in section 4, where it appears to the Assessing Officer that
any association of persons or a body of individuals or an artificial juridical
person, formed or established or incorporated for a particular event or purpose
is likely to be dissolved in the assessment year in which such association of
persons or a body of individuals or an artificial juridical person was formed
or established or incorporated or immediately after such assessment year, the
total income of such association or body or juridical person for the period
from the expiry of the previous year for that assessment year up to the date of
its dissolution shall be chargeable to tax in that assessment year, and the
provisions of sub-sections (2) to (6) of section 174 shall, so far as may be,
apply to any proceedings in the case of any such person as they apply in the
case of persons leaving India.]
K.—Persons trying to alienate their assets
Assessment of persons likely to transfer property to avoid tax.
175. Notwithstanding
anything contained in section 4, if it appears to the 21[R85] [Assessing]
Officer during any current assessment year that any person is likely to charge,
sell, transfer, dispose of or otherwise part with any of his assets with a view
to avoiding payment of any liability under the provisions of this Act, the
total income of such person for the period from the expiry of the previous year
for that assessment year to the date when the 21[R86] [Assessing]
Officer commences proceedings under this section shall be chargeable to tax in
that assessment year, and the provisions of sub-sections (2), (3), (4), (5) and
(6) of section 174 shall, so far as may be, apply to any proceedings in the
case of any such person as they apply in the case of persons leaving India.
L.—Discontinuance
of business, or dissolution
22[R87] 176. (1)
Notwithstanding anything contained in section 4, where any business or
profession is discontinued in any assessment year, the income of the period
from the expiry of the previous year for that assessment year up to the date of
such discontinuance may, at the discretion of the 21[R88] [Assessing]
Officer, be charged to tax in that assessment year.
(2) The total income of each completed previous year or part of
any previous year included in such period shall be chargeable to tax at the
rate or rates in force in that assessment year, and separate assessments shall
be made in respect of each such completed previous year or part of any previous
year.
(3) Any person
discontinuing any business or profession shall give to the 23[R89] [Assessing]
Officer notice of such discontinuance within fifteen days thereof.
24[R90] (3A)
Where any business is discontinued in any year, any sum received after the
discontinuance shall be deemed to be the income of the recipient and charged to
tax accordingly in the year of receipt, if such sum would have been included in
the total income of the person who carried on the business had such sum been
received before such discontinuance.]
(4) Where any profession is
discontinued in any year on account of the cessation of the profession by, or
the retirement or death of, the person carrying on the profession, any sum
received after the discontinuance shall be deemed to be the income of the
recipient and charged to tax accordingly in the year of receipt, if such sum
would have been included in the total income of the aforesaid person had it
been received before such discontinuance.
(5) Where an assessment is to be made under the provisions of
this section, the 23[R91] [Assessing]
Officer may serve on the person whose income is to be assessed or, in the case
of a firm, on any person who was a partner of such firm at the time of its
discontinuance or, in the case of a company, on the principal officer thereof,
a notice containing all or any of the requirements which may be included in a
notice under 25[R92] [clause
(i) of sub-section (1) of
section 142] and the provisions of this Act shall, so far as may be, apply
accordingly as if the notice were a notice issued under 25[R93] [clause
(i) of sub-section (1) of
section 142].
(6) The tax chargeable under this section shall be in addition
to the tax, if any, chargeable under any other provision of this Act.
(7) Where the provisions of sub-section (1) are applicable, any
notice issued by the 26[R94] [Assessing]
Officer under 27[R95] [clause
(i) of sub-section (1) of
section 142 or] section 148 in respect of any tax chargeable under any other
provisions of this Act may, notwithstanding anything contained in 28[R96] [clause
(i) of sub-section (1) of
section 142 or] section 148, as the case may be, require the furnishing of the
return by the person to whom the aforesaid notices are issued within such
period, not being less than seven days, as the 29[R97] [Assessing]
Officer may think proper.
Association dissolved or business discontinued.
177. (1) Where any business or profession carried
on by an association of persons has been discontinued or where an association
of persons is dissolved, the 30[R98] [Assessing]
Officer shall make an assessment of the total income of the association of
persons as if no such discontinuance or dissolution had taken place, and all
the provisions of this Act, including the provisions relating to the levy of a
penalty or any other sum chargeable under any provision of this Act shall
apply, so far as may be, to such assessment.
(2) Without prejudice to the generality of the foregoing
sub-section, if the 30[R99] [Assessing]
Officer or the 31[R100] [* * *] 32[R101] [Commissioner (Appeals)] in the course of any
proceeding under this Act in respect of any such association of persons as is referred
to in that sub-section is satisfied that the association of persons was guilty
of any of the acts specified in Chapter XXI, he may impose or direct the
imposition of a penalty in accordance with the provisions of that Chapter.
(3) Every person who was at the time of such discontinuance or
dissolution a member of the association of persons, and the legal
representative of any such person who is deceased, shall be jointly and
severally liable for the amount of tax, penalty or other sum payable, and all
the provisions of this Act, so far as may be, shall apply to any such
assessment or imposition of penalty or other sum.
(4) Where such discontinuance or dissolution takes place after
any proceedings in respect of an assessment year have commenced, the proceedings
may be continued against the persons referred to in sub-section (3) from the
stage at which the proceedings stood at the time of such discontinuance or
dissolution, and all the provisions of this Act shall, so far as may be, apply
accordingly.
(5) Nothing in this section shall affect the provisions of
sub-section (6) of section 159
178. (1) Every
person—
(a) who is the liquidator of any company which is being wound
up, whether under the orders of a court or otherwise ; or
(b) who has been appointed the receiver of any assets of a
company,(hereinafter referred to as the liquidator) shall, within thirty days
after he has become such liquidator, give notice of his appointment as such to
the 33[R102] [Assessing] Officer who is entitled to assess
the income of the company.
(2) The 33[R103] [Assessing] Officer shall, after making such
inquiries or calling for such information as he may deem fit, notify to the
liquidator within three months from the date on which he receives notice of the
appointment of the liquidator the amount which, in the opinion of the 34[R104] [Assessing] Officer, would be sufficient to
provide for any tax which is then, or is likely thereafter to become, payable
by the company.
(a) shall not, without the leave of the 36[R106] [Chief Commissioner or Commissioner], part
with any of the assets of the company or the properties in his hands until he
has been notified by the 37[R107] [Assessing] Officer under sub-section (2); and
(b) on being so notified, shall set aside an amount, equal to
the amount notified and, until he so sets aside such amount, shall not part
with any of the assets of the company or the properties in his hands :
Provided that nothing contained in this sub-section
shall debar the liquidator from parting with such assets or properties for the
purpose of the payment of the tax payable by the company or for making any
payment to secured creditors whose debts are entitled under law to priority of
payment over debts due to Government on the date of liquidation or for meeting
such costs and expenses of the winding up of the company as are in the opinion
of the 38[R108] [Chief Commissioner or Commissioner]
reasonable.
(4) If the liquidator fails to give the
notice in accordance with sub-section (1) or fails to set aside the amount as
required by sub-section (3) or parts with any of the assets of the company or
the properties in his hands in contravention of the provisions of that
sub-section, he shall be personally liable for the payment of the tax which the
company would be liable to pay :
Provided that if the amount of any tax payable by the
company is notified under sub-section (2), the personal liability of the
liquidator under this sub-section shall be to the extent of such amount.]
(5) Where there are more liquidators than
one, the obligations and liabilities attached to the liquidator under this
section shall attach to all the liquidators jointly and severally.
(6) The provisions of this section shall
have effect notwithstanding anything to the contrary contained in any other law
for the time being in force.
39[R109] [M.—Private companies]
Liability of directors of private
company in liquidation.
179. 40[R110] (1)] Notwithstanding
anything contained in the Companies Act, 1956 (1 of 1956), 41[R111] [where any tax due from a private company in
respect of any income of any previous year or from any other company in respect
of any income of any previous year during which such other company was a
private company] cannot be recovered, then, every person who was a director of
the private company at any time during the relevant previous year shall be
jointly and severally liable for the payment of such tax unless he proves that
the non-recovery cannot be attributed to any gross neglect, misfeasance or
breach of duty on his part in relation to the affairs of the company.
42[R112] (2) Where
a private company is converted into a public company and the tax assessed in
respect of any income of any previous year during which such company was a
private company cannot be recovered, then, nothing contained in sub-section (1)
shall apply to any person who was a director of such private company in
relation to any tax due in respect of any income of such private company
assessable for any assessment year commencing before the 1st day of April,
1962.]
N.—Special
provisions for certain kinds of income
43[R113] Royalties
or copyright fees for literary or artistic work.
180. Where
the time taken by the author of a literary or artistic work in the making
thereof is more than twelve months, the amount received or receivable by him
during any previous year on account of any lump sum consideration for the
assignment or grant of any of his interests in the copyright of that work or of
royalties or copyright fees (whether receivable in lump sum or otherwise), in
respect of that work, shall, if he so claims, be allocated for purposes of
assessment in such manner and to such period as may be prescribed :
44[R114] Provided that nothing contained in this section shall apply in relation to the
previous year relevant to the assessment year commencing on or after the 1st
day of April, 2000.]
Explanation.—For the purposes of this section, the
expression “author” includes a joint author, and the expression “lump sum”, in
regard to royalties or copyright fees, includes an advance payment on account
of such royalties or copyright fees which is not
returnable.
45[R115] Consideration
for know-how.
180A. Where
the time taken by an individual, who is resident in India, for developing any know-how
is more than twelve months, he may elect that the gross amount of any lump sum
consideration received or receivable by him during the previous year 46[R116] [relevant to the assessment year commencing on
the 1st day of April, 2000 or earlier assessment years] for allowing use of
such know-how shall be treated for the purposes of charging income-tax for that
year and for each of the two immediately preceding previous years as if
one-third thereof were included in his income chargeable to tax for each of
those years respectively and if he so elects, notwithstanding anything
contained in any other provision of this Act,—
(a) such gross amount shall be so treated, and
(b) the assessments
for each of the two preceding previous years shall, if made, be accordingly
rectified under section 154, the period of four years specified in sub-section
(7) of that section being reckoned from the end of the financial year in which
the assessment relating to the previous year in which the amount was received
or receivable by such individual is made.
Explanation.—For the purposes of
this section, the expression “know-how” has the meaning assigned to it in
section 35AB.]
[R1]For relevant case laws, see case laws
[R3]For relevant case laws, see case laws
[R4]“clause (i) of” omitted by the Finance Act, 1976, w.e.f. 1-6-1976
[R7]Inserted by the Finance Act, 1981, w.e.f. 1-4-1981
[R8]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R9]Inserted by the Finance Act, 1984, w.e.f. 1-4-1985.
[R10]Omitted by the Finance (No. 2) Act, 1991, w.e.f. 1-4-1991
[R11]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R12]See Circular No. 707, dated 11-7-1995. For relevant case laws, see case laws.
[R13]Inserted by the Finance Act, 2003, w.e.f. 1-4-2004.
[R14]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R15]Substituted by the Finance Act, 1970, w.e.f. 1-4-1971
[R16]Restored to its original expression by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was substituted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date
[R18]Substituted for the portion beginning with “tax shall be charged” and ending with “more beneficial to the revenue” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980.
[R20]Substituted for “(i) none of the beneficiaries has any other income chargeable under this Act; or” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R21]Restored to its original expression by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was substituted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date
[R22]Substituted for “a trust declared by will” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R23]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R24]Substituted for “as if the relevant income or part of relevant income” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R25]Restored to its original expression by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was substituted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date
[R26]Inserted by the Finance Act, 1984, w.e.f. 1-4-1985
[R27]Reintroduced by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was omitted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date
[R28]Inserted by the Finance Act, 1972, w.e.f. 1-4-1973
[R29]Inserted by the Finance Act, 1983, w.e.f. 1-4-1984
[R30]Inserted by the Finance Act, 1972, w.e.f. 1-4-1973.
[R31]Inserted by the Finance Act, 1984, w.e.f. 1-4-1985
[R32]Reintroduced by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was omitted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date
[R33]Inserted by the Finance Act, 1972, w.e.f. 1-4-1973.
[R34]Inserted by the Finance Act, 1983, w.e.f. 6-10-1984
[R35]Substituted for the portion beginning with “is not specifically receivable” and ending with “whichever course would be more beneficial to the revenue:” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R36]Substituted for “(i) none of the beneficiaries in respect of the part of the relevant income which is not applicable to charitable or religious purposes has any other income chargeable under this Act; or” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R37]Substituted for “a trust declared by will” by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R38]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R39]Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R40]Inserted by the Finance Act, 1984, w.e.f. 1-4-1985
[R41]Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980
[R42]Inserted by the Finance Act, 1981, w.e.f. 1-4-1981
[R43]Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989. Prior to its omission, clause (i) of Explanation
stood as under :
‘(i) “maximum marginal rate” shall have the meaning assigned to it in Explanation 2 below sub-section (3) of section 164;’
[R44]See also Letter [F. No. 45/78/66-ITJ (5)], dated 24-2-1967
[R45]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R46]Substituted for the existing sub-heading ‘DD’ by the Finance Act, 1992, w.e.f. 1-4-1993. Prior to substitution, sub-heading ‘DD’, as inserted by the Finance Act, 1981, w.e.f. 1-4-1981 and later amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 and the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989, read as under
[R47]Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. Earlier section 167A was omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Prior to omission, section 167A was substituted by the Finance Act, 1985, w.e.f. 1-4-1985
[R48]See also Circular No. 320, dated 11-1-1982
[R49] Substituted for “maximum marginal rate” by the Finance Act, 1997, w.e.f. 1-4-1998
[R50]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989
[R51]See also Circular No. 577, dated 4-9-1990
[R55]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R56]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R57]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R58]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R60]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R61]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R62]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R63]Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980.
[R64]See also Circular No. 723, dated 19-9-1995; Circular No. 730, dated 14-12-1995; Circular No. 732, dated 20-12-1995 and Circular No. 9/2001, dated 9-7-2001
[R65]“unless the Income-tax Officer is satisfied that there is an agent of the non-resident from whom the tax will be recoverable under the other provisions of this Act” omitted by the Finance Act, 1975, w.e.f. 1-6-1975
[R67]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R68]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R69]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R70]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R71]Substituted for “for the time being” by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967
[R72] Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R74]Inserted by the Finance Act, 1997, w.r.e.f. 1-4-1976
[R75]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R76]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R77]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R78]Substituted for “as a return under sub-section (2) of section 139” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989
[R79]Substituted for “notice issued under
sub-section (2) of section 139” by the Direct Tax Laws (Amendment) Act, 1987,
w.e.f. 1-4-1989
[R80]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R81]Substituted for “sub-section (2) of section 139 or sub-section (1) of” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R82]Substituted for “sub-section (2) of section 139 or sub-section (1) of” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R83]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R84]Sub-heading JA, consisting of section 174A, inserted by the Finance Act, 2002, w.e.f. 1-4-2002.
[R85]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R86]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R87] See also Instruction No. 703, dated 12-6-1974
[R89]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R90]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[R91]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R92]Substituted for “sub-section (2) of section 139” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989
[R93]Substituted for “sub-section (2) of section 139” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989
[R94]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R95]Substituted for “sub-section (2) of section 139” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[R96]Substituted for “sub-section (2) of section 139 or sub-section (1) of” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989
[R97]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R98]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R99]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[R100]Words “Deputy Commissioner (Appeals) or the” omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier “Deputy Commissioner (Appeals)” was substituted for “Appellate Assistant Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R101]Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978
[R102]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R103]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R104]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R105]Substituted by the Finance Act, 1965, w.e.f. 1-4-1965
[R106]Substituted for “Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R107]Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R108]Substituted for “Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988
[R109]Substituted for “M.—Private company in liquidation” by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975
[R110]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975
[R111]Substituted for “when any private company is wound up after the commencement of this Act, and any tax assessed on the company, whether before or in the course of or after its liquidation, in respect of any income of any previous year” by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975
[R112]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[R113] See rule 9(2) for manner of computation of tax on royalty, etc., in certain cases
[R114]Inserted by the Finance Act, 1999, w.e.f. 1-4-2000
[R115]Inserted by the Finance Act, 1985, w.e.f. 1-4-1986.
[R116]Inserted by the Finance Act, 1999, w.e.f. 1-4-2000
[R117]Section 181 and sub-heading “O—Liability of State Governments” omitted by the Finance Act, 1988, w.e.f. 1-4-1989. Prior to its omission, section 181 was amended by the Finance Act, 1965, w.e.f. 1-4-1965