CHAPTER XII-C

 

SPECIAL PROVISIONS RELATING TO RETAIL TRADE, ETC.

 

[Chapter XII-C, consisting of sections 115K to 115N, omitted by the Finance Act, 1997, w.e.f. 1-4-1998. Earlier Chapter XII-C was inserted by the Finance Act, 1992, w.e.f. 1-4-1993.]

 

Special provision for computation of income in certain cases.

 

115K.  81[R1] [Omitted by the Finance Act, 1997, w.e.f. 1-4-1998.]

 

Return of income not to be filed in certain cases.

 

115L.   82[R2] [Omitted by the Finance Act, 1997, w.e.f. 1-4-1998.]

 

Special provision for disallowance of deductions and rebate of income-tax.

 

115M. 83[R3] [Omitted by the Finance Act, 1997, w.e.f. 1-4-1998.]

 

Bar of proceedings in certain cases.

 

115N.  84[R4] [Omitted by the Finance Act, 1997, w.e.f. 1-4-1998.]

 

 

 [R1]Prior to its omission, section 115K, as inserted by the Finance Act, 1992, w.e.f. 1-4-1993, and later on amended by the Finance Act, 1993, w.e.f. 1-4-1993/1-4-1994, the Finance Act, 1994, w.e.f. 1-4-1995, the Finance Act, 1995, w.e.f. 1-4-1996 and the Finance (No. 2) Act, 1996, w.e.f. 1-4-1997, read as under :

        ‘115K. Special provision for computation of income in certain cases.—(1) Notwithstanding anything contained in any other provision of this  Act relating to the computation of income chargeable under the head “Profits and gains of business or profession”, in the case of any person, to whom this section applies and who is—

   (a)   carrying on the business of retail trade in any goods or merchandise; or

   (b)   carrying on the business of running an eating place or of operating, hiring or leasing a motor cab, a maxicab or a three-wheeled motor vehicle or any other business as may be prescribed; or

    (c)   engaged in any vocation, and submits a statement in accordance with the provisions of sub-section (4), a sum of forty-nine thousand three hundred and thirty rupees shall be deemed to be the profits and gains of such person from such business or vocation.

        (2) The provisions of sub-section (1) shall apply to any person, being an individual or a Hindu undivided family, where—

   (a)   such person has not been assessed to income-tax for any assessment year commencing on or before the 1st day of April, 1992;

   (b)   in the case of person referred to in—

    (i)   clause (a) of sub-section (1), his turnover from the business of retail trade during the relevant previous year does not exceed seven lakh rupees and his income from such business during that year does not exceed forty-nine thousand three hundred and thirty rupees;

   (ii)   clause (b) or clause (c) of sub-section (1), his income from the said business or vocation, during the relevant previous year does not exceed forty-nine thousand three hundred and thirty rupees; and

   (c)   such person does not have any income, in excess of five thousand rupees in the aggregate, chargeable to tax from any source falling under any head of income other than the income from the business or vocation referred to in clause (a), clause (b) or, as the case may be, clause (c) of sub-section (1) during the relevant previous year.

        (3) Any person to whom this section applies shall be liable to pay tax, at the rate specified in the Finance Act of the relevant year for computing advance tax, on the income deemed under sub-section (1) and the other income referred to in clause (c) of sub-section (2).

        (4) Every statement referred to in sub-section (1) shall—

   (a)   be in the prescribed form, contain the name of such person, his address, nature of business or vocation and a declaration by him that,—

    (i)   where he is carrying on the business of retail trade, his turnover from such trade during the relevant previous year does not exceed seven lakh rupees and his income from such trade during that year does not exceed forty-nine thousand three hundred and thirty rupees;

   (ii)   where he is carrying on the business or vocation referred to in clause (b) or, as the case may be, clause (c) of that sub-section, his income during the relevant previous year from such business or vocation does not exceed forty-nine thousand three hundred and thirty rupees,

           and such statement shall also be verified in the prescribed manner;

   (b)   be submitted on or before the 31st day of March of the relevant previous year along with the proof of payment of the amount of tax referred to in sub-section (3).

                     Explanation.—For the purposes of this section,—

   (a)   the expressions  “motor cab”, “maxicab” and “motor vehicle” shall have the meanings respectively assigned to them in section 2† of the Motor Vehicles Act, 1988 (59 of 1988);

   (b)   “vocation” includes tailoring, hair-cutting, clothes’ washing, typing, photo-copying, repair work of any kind and other services of a similar nature.’

        †Clauses (22), (25) and (28) of section 2 of the Motor Vehicles Act, 1988, define “maxicab”, “motor cab” and “motor vehicle”, respectively, as follows :

‘(22)  “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

(25)   “motor cab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward;

(28)   “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres;’

 

 [R2]Prior to its omission, section 115L, as inserted by the Finance Act, 1992, w.e.f. 1-4-1993, read as under :

            “115L. Return of income not to be filed in certain cases.—Subject to the provisions of section 115N, a person who has submitted a statement under sub-section (1) of section 115K shall not be required to furnish a return of income under sub-section (1) of section 139 and the other provisions of Chapter XIV will not apply in his case.”

 [R3]Prior to its omission, section 115M, as inserted by the Finance Act, 1992, w.e.f. 1-4-1993, read as under :

                                “115M. Special provision for disallowance of deductions and rebate of income-tax.—No deduction under Chapter VI-A (except section 80L) or rebate of income-tax under Chapter VIII shall be allowed in the case of a person who has submitted a statement under sub-section (1) of section 115K.”

 [R4]Prior to its omission, section 115N, as inserted by the Finance Act, 1992, w.e.f. 1-4-1993 and later on amended by the Finance Act, 1993, w.e.f. 1-4-1993 and the Finance Act, 1994, w.e.f. 1-4-1995, read as under :

                                “115N. Bar of proceedings in certain cases.—No proceeding under any other Chapter of this Act shall be initiated against any person who has submitted a statement under sub-section (1) of section 115K for the relevant assessment year unless the Deputy Commissioner, in consequence of evidence in his possession, has reason to believe that the statement furnished by any person under section 115K is untrue.”