INCOME TAX ACT, 1998
Income-tax Act, 1961
Arrangement of Sections
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement
2.
Definitions
CHAPTER II
BASIS OF CHARGE
5A. Apportionment of income between spouses governed by
Portuguese Civil Code
7. Income deemed to be received
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
industrial undertakings in free trade zones
10B. Special provision in respect of newly established hundred
per cent export-oriented undertakings
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
A.—Salaries
15. 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
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
33AB. Tea development account
33ABA. . Site Restoration Fund
33AC. Reserves for shipping business
34. Conditions for depreciation allowance
and development rebate
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]
35D. Amortisation of certain preliminary
expenses
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]
40A. Expenses or payments not deductible
in certain circumstances
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, etc
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.
44AF. Special
provisions for computing profits and gains of retail business
44C. Deduction
of head office expenditure in the case of non-residents
46. Capital
gains on distribution of assets by companies in liquidation
47. Transactions
not regarded as transfer
47A. Withdrawal
of exemption in certain cases
49. Cost
with reference to certain modes of acquisition
50. Special
provision for computation of capital gains in case of depreciable assets
50A. Special
provosion for cost of acquistion in case of depreciable asse
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]
54C. [OMITTED
BY THE FINANCE ACT, 1976, W.E.F. 1-4-1976]
54E. Capital
gain on transfer of capital assets not to be charged in certain cases
54EB. Capital
gain on transfer of long-term capital assets not to be charged in certain cases
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
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
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
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 loss from house property
72.
Carry forward and
set off of business losses
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”
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 [OMMITED 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.F1-4-1993]
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
80D. Deduction in respect of medical insurance premia
80DD. Deduction in respect of medical treatment, etc., of
handicapped dependants
80DDA. Deduction in respect of deposit made for maintenance of
handicapped dependant
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. Deduction
in respect of rents paid
80GGA. Deduction
in respect of certain donations for scientific research or rural development
C.—Deductions
in respect of certain incomes
80H. [OMITTED
BY THE TAXATION LAWS (AMENDMENT) ACT, 1975, W.E.F. 1-4-1976]
80HHB. Deduction
in respect of profits and gains from projects outside India
80HHBA. Deduction
in respect of profits and gains from housing project 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.
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. [OMITTED
BY THE FINANCE ACT, 1983, W.E.F. 1-4-1984
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
80M. [OMITTED
BY THE FINANCE ACT, 1997, W.E.F. 1-4-1998]
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]
80-O. 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
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
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]
80U. Deduction
in the case of permanent physical disability (including blindness)
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]
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
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. Income from transactions with non-residents, how computed
in certain cases
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
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
115B. Tax on profits and gains of life insurance business
115BBA. Tax on non-resident sportsmen or sports associations
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 COMPANIES
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
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
115-O. 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 XIII
INCOME-TAX AUTHORITIES
A.—Appointment
and control
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]
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 retained 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
proceedings
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
143. 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
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
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
CHAPTER XV
LIABILITY IN SPECIAL CASES
A.—Legal representatives
B.—Representative
assessees - General provisions
161. Liability of representative assessee
162. Right of representative assessee to recover tax paid
C.—Representative
assessees - 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
assessees - Miscellaneous provisions
166. Direct assessment or recovery not barred
167. Remedies against property in cases of representative
assessees
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 occasional
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
K.—Persons trying to
alienate their assets
1r75. Assessment of persons likely to transfer property to avoid
tax
L.—Discontinuance
of business, or dissolution
177. Association dissolved or business discontinued
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
C.—Changes in
constitution, succession and dissolution
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
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, brokerage, etc.
194-I. Rent
194J. Fees for professional or technical services
194K. Income in respect of units
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
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 account number
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.
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 (AMENDMENT) ACT, 1987,
W.E.F. 1-4-1988]
211. Installments of advance tax and due dates
212. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987,
W.E.F. 1-4-1988]
213. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) 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
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
227. Recovery through State Government
228. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) 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. Restrictions on registration of transfers of immovable
property in certain cases
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
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
241. Power to withhold refund in certain cases
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
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
completedproceedings
245F. Powers and procedure of Settlement Commission
245G. Inspection, etc., of reports
245H. Power of Settlement Commission to grant immunity from
prosecution and penalty
245-I. 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
245-O. 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
262.
Hearing before
Supreme Court
E.—Revision by the
Commissioner
263. Revision of orders prejudicial to revenue
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 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
269UE. Vesting of property in Central Government
269UF. Consideration for purchase of immovable property by
Central Government
269UG. Payment or deposit of consideration
269UH. Re-vesting of property in the transferor on failure of
payment or deposit of consideration
269UI. Powers of the appropriate authority
269UJ. Rectification of mistakes
269UL. Restrictions on registration, etc., of documents in
respect of transfer of immovable property
269UM. Immunity to transferor against claims of transferee for
transfer
269UN. Order of appropriate authority to be final and conclusive
269UO. Chapter not to apply to certain transfers
CHAPTER XXI
PENALTIES IMPOSABLE
270. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT,1987,
W.E.F. 1-4-1989]
271. Failure to furnish returns, comply with notices,
concealment of income, etc
271A. Failure to keep, maintain or retain books of
account,documents, etc
271B. Failure to get accounts audited
271BB. Failure to subscribe to the eligible issue of capital
271C. Penalty for failure to deduct tax at source
271D. Penalty for failure to comply with the provisions of
section 269SS
271E. Penalty for failure to comply with the provisions of
section 269T
271F. Penalty for failure to furnish return of income
272. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT,1987,
W.E.F. 1-4-1989]
272AA. Penalty for failure to comply with the provisions of
section 133B
272B. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT,1987,
W.E.F. 1-4-1989]
272BB. Penalty for failure to comply with the provisions of
section 203A
273. False estimate of, or failure to pay, advance tax
273A. Power to reduce or waive penalty, etc., in certain cases
273B. Penalty not to be imposed in certain cases
274. Procedure
275. Bar of limitation for imposing penalties
CHAPTER XXII
OFFENCES AND PROSECUTIONS
275A. Contravention of order made under sub-section (3) of
section 132
276. Removal, concealment, transfer or delivery of property to
thwart tax recovery
276A. Failure to comply with the provisions of sub-sections
(1)and (3) of section 178
276AA. [OMITTED BY THE FINANCE ACT, 1986, W.E.F. 1-10-1986]
276AB. Failure to comply with the provisions of sections
269UC,269UE and 269UL
276B. Failure to pay tax to the credit of Central Government
under Chapter XII-B or XVII-B
276BB. Failure to pay the tax collected at source
276C. Willful attempt to evade tax, etc.
276CC. Failure to furnish returns of income
276CCC. Failure to furnish return of income in search
cases
276D. Failure to produce accounts and documents
276DD. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT,1987,
W.E.F. 1-4-1989]
276E. [OMITTED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987,
W.E.F. 1-4-1989]
277. False statement in verification, etc.
278. Abetment of false return, etc
278A. Punishment for second and subsequent offences
278AA. Punishment not to be imposed in certain cases
278B. Offences by companies
278C. Offences by Hindu undivided families
278D. Presumption as to assets, books of account, etc., in
certain cases
278E. Presumption as to culpable mental state
279. Prosecution to be at instance of Chief Commissioner or
Commissioner
279A. Certain offences to be non-cognizable
279B. Proof of entries in records or documents
280. Disclosure of particulars by public servants
CHAPTER XXII-A
ANNUITY DEPOSITS
280A. to 280 X. [OMITTED BY THE FINANCE ACT, 1988, W.E.F. 1-4-1988]
CHAPTER XXII-B
TAX CREDIT CERTIFICATES
280Y. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
280Z. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
280ZA. [OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-4-1988]
280ZB. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
280ZC. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
280ZD. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
280ZE. [OMITTED BY THE FINANCE ACT, 1990, W.E.F. 1-4-1990]
CHAPTER XXIII
MISCELLANEOUS
281. Certain transfers to be void
281A. [REPEALED BY THE BENAMI TRANSACTIONS (PROHIBITION)ACT,
1988, W.E.F. 19-5-1988]
281B. Provisional attachment to protect revenue in certain cases
282. Service of notice generally
283. Service of notice when family is disrupted or firm, etc.,
is dissolved
284. Service of notice in the case of discontinued business
285. [OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-6-1987]
285A. [OMITTED BY THE FINANCE ACT, 1988, W.E.F. 1-4-1988]
285B. Submission of statements by producers of cinematograph
films
286. [OMITTED BY THE FINANCE ACT, 1987, W.E.F. 1-6-1987]
287. Publication of information respecting assessees in certain
cases
287A. Appearance by registered valuer in certain matters
288. Appearance by authorised representative
288A. Rounding off of income
288B. Rounding off of tax, etc
289. Receipt to be given
290. Indemnity
291. Power to tender immunity from rosecution
292B. Return of income, etc., not to be invalid on certain
grounds
293. Bar of suits in civil courts
293B. Power of Central Government or Board to condone delays in
obtaining approval
294. Act to have effect pending legislative provision for
charge of tax
294A. Power to make exemption, etc., in relation to certain
Union territories
295. Power to make rules
296. Rules and certain notifications to be placed before
Parliament
297. Repeals and savings
298. Power to remove difficulties