23 incometax sections

Upload: vishnu

Post on 29-May-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/8/2019 23 Incometax Sections

    1/22

    CHAPTER1

    CHAPTER

    CHAPTER

    CHAPTER

    23

    455A6789

    1010A10AA10B10BA

    10BB10C111212A12AA1313A

    1414A

    A.

    151617

    B.

    2223242525A25AA25B26

    27

    C.

    282930313232A32AB3333A33AB33ABA33AC33B3434A3535A35AB35ABB35AC

    35CCA

  • 8/8/2019 23 Incometax Sections

    2/22

    CHAPTER

    CHAPTER

    35CCB35D35DD35DDA35E363738

    40

    40A41424343A43B43C43D4444A44AA44AB

    44AD44AE44AF44B44BB44BBA44BBB44C44D44DA44DB

    D.

    4546

    46A4747A48495050A50B50C515454B54D54E54EA54EB54EC54ED54F54G54GA54H5555A

    E.

    56575859

    606162636465

    A.

  • 8/8/2019 23 Incometax Sections

    3/22

    CHAPTER

    CHAPTER

    6667A686969A69B69C69D

    B.

    707171A71B7272A

    72AA72AB737474A75787980

    A. 80A80AB80AC80B

    B. 80C80CCA80CCB

    80CCC80CCD80CCE80D80DD80DDB80E80G80GG80GGA80GGB80GGC

    C. 80HH80HHA80HHB80HHBA80HHC80HHD80HHE80HHF80I80IA80IAB80IB80IC80ID80IE80JJA

    80JJAA80LA80O80P80Q80QQA80QQB80R80RR80RRA80RRB

    D. 80U

  • 8/8/2019 23 Incometax Sections

    4/22

  • 8/8/2019 23 Incometax Sections

    5/22

    CHAPTER

    CHAPTER

    CHAPTER

    A. 115V

    B. 115VA115VB115VC115VD115VE115VF115VG115VH115VI115VJ115VK115VL115VM115VN115VO

    C. 115VP115VQ

    115VR115VS

    D. 115VT115VU115VV115VW115VX

    E. 115VY115VZ

    F. 115VZA

    G.

    115VZB115VZC

    A. 115W

    B. 115WA115WB115WC

    C. 115WD115WE115WF115WG115WH115WI115WJ115WK115WKA115WL

    A. 116117118119

    B. 120124127129

    C. 131132132A132B133133A133B

    134135136

  • 8/8/2019 23 Incometax Sections

    6/22

    CHAPTER

    CHAPTER -

    CHAPTER

    CHAPTER

    DD. FIRMS

    D. 138

    139139A139B139C139D140140A142142A143144144A145145A147148149150151

    152153153A153B153C153D154155156157158

    158A

    158B158BA158BB158BC158BD158BE158BF158BFA158BG158BH158BI

    A. 159

    B. 160161162

    C. 163164164A165

    D.

    166167

    167A167B

    E. 168169

    F. 170

    G. 171

    H. 172

    I.

    173J.

  • 8/8/2019 23 Incometax Sections

    7/22

    JA. AOP B

    CHAPTER

    CHAPTER

    BB. COLLE

    174

    174AK.

    175L.

    176177178

    M.

    179N.

    180180A

    A. 184185

    B. 187188188A

    189189A

    A. 190191

    B. 192193194194A194B194BB194C194D194E194EE194F194G194H194I194J194K194L194LA195195A

    196196A196B196C196D197197A198199200201202203203A203AA204205206206A

    206C206CA

    C. 207208209210211

    214215

  • 8/8/2019 23 Incometax Sections

    8/22

    CHAPTER

    CHAPTER

    CHAPTER

    CHAPTER

    CHAPTER

    216217218219

    D. 220221222223224

    225226227228A229230232

    E. F.

    234A234B234C234D

    236236A

    237238239240242243244244A

    245

    245A245B245BA245BB245BC245BD245C245D245DD245E245F245G245H245HA245HAA245I245J245K245L

    245N245O245P

    245Q245R245RR245S245T245U245V

    A. 246246A248249

    250

  • 8/8/2019 23 Incometax Sections

    9/22

    CHAPTER

    CHAPTER

    CHAPTER

    251B.

    252253254255257260

    C. 260A

    260BD.

    261262

    E. 263264

    F. 265266267268269

    269A269AB269B269C269D269E269F269G269H269I269J269K269L

    269M269N269O269P269Q269R269RR269S

    269SS269T269TT

    269U269UA269UB269UC269UD269UE269UF269UG269UH269UI269UJ269UK

    269UL269UM269UN269UO269UP271271A271AA271AAA271B271BA271BB271C271CA271D

    271E

  • 8/8/2019 23 Incometax Sections

    10/22

    CHAPTER

    CHAPTER

    SCHEDULE

    271F271FA271FB271G272A272AA272B272BB272BBB273

    273A273B274275

    275A275B276276A276AB276B276BB276C

    276CC276CCC276D277277A278278A278AA278B278C278D278E279279A279B280

    281281B282283284285B285BA287287A288288A288B289290291292292A292B292C293293A293B294294A295

    296297298

    IIIIIIIVVVIVIIVIIIIX

  • 8/8/2019 23 Incometax Sections

    11/22

    XXIXIIXIIIXIV

  • 8/8/2019 23 Incometax Sections

    12/22

    All income tax sections

    I PRELIMINARYShort title, extent and commencementDefinitions"Previous year" defined

    II BASIS OF CHARGE

    Charge of income-taxScope of total incomeApportionment of income between spouses governed by Portuguese Civil CodeResidence in IndiaIncome deemed to be receivedDividend incomeIncome deemed to accrue or arise in India

    III INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

    Incomes not included in total incomeSpecial provision in respect of newly established undertakings in free trade zone, etcSpecial provisions in respect of newly established Units in Special Economic ZonesSpecial provisions in respect of newly established hundred per cent export-oriented undertakings

    Special provisions in respect of export of certain articles or thingsMeaning of computer programmes in certain casesSpecial provision in respect of certain industrial undertakings in North-Eastern RegionIncome from property held for charitable or religious purposesIncome of trusts or institutions from contributionsConditions for applicability of sections 11 and 12Procedure for registrationSection 11 not to apply in certain casesSpecial provision relating to incomes of political parties

    IV COMPUTATION OF TOTAL INCOME

    Heads of incomeExpenditure incurred in relation to income not includible in total income

    SalariesDeductions from salariesSalary, perquisite and profits in lieu of salary defined

    Income from house propertyAnnual value how determinedDeductions from income from house propertyAmounts not deductible from income from house propertySpecial provision for cases where unrealised rent allowed as deduction is realised subsequentlyUnrealised rent received subsequently to be charged to income-taxSpecial provision for arrears of rent received

    Property owned by co-ownersOwner of house property, annual charge, etc., defined

    Profits and gains of business or professionIncome from profits and gains of business or profession, how computedRent, rates, taxes, repairs and insurance for buildingsRepairs and insurance of machinery, plant and furnitureDepreciationInvestment allowanceInvestment deposit accountDevelopment rebateDevelopment allowanceTea development account, coffee development account and rubber development accountSite Restoration FundReserves for shipping businessRehabilitation allowanceConditions for depreciation allowance and development rebateRestriction on unabsorbed depreciation and unabsorbed investment allowance for limited period in case of certain domestic companiesExpenditure on scientific researchExpenditure on acquisition of patent rights or copyrightsExpenditure on know-howExpenditure for obtaining licence to operate telecommunication servicesExpenditure on eligible projects or schemes

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

    SALARIES

    INCOME FROM HOUSE PROPERTY

    PROFITS AND GAINS FROM BUSINESS OR PROFESSION

  • 8/8/2019 23 Incometax Sections

    13/22

    Expenditure by way of payment to associations and institutions for carrying out programmes of conservation of natural resourcesAmortisation of certain preliminary expensesAmortisation of expenditure in case of amalgamation or demerger Amortisation of expenditure incurred under voluntary retirement schemeDeduction for expenditure on prospecting, etc., for certain mineralsOther deductionsGeneralBuilding, etc., partly used for business, etc., or not exclusively so used

    Amounts not deductible

    Expenses or payments not deductible in certain circumstancesProfits chargeable to taxSpecial provision for deductions in the case of business for prospecting, etc., for mineral oilDefinitions of certain terms relevant to income from profits and gains of business or professionSpecial provisions consequential to changes in rate of exchange of currencyCertain deductions to be only on actual paymentSpecial provision for computation of cost of acquisition of certain assetsSpecial provision in case of income of public financial institutions, public companies, etc.Insurance businessSpecial provision for deduction in the case of trade, professional or similar associationMaintenance of accounts by certain persons carrying on profession or businessAudit of accounts of certain persons carrying on business or profession

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

    Special provisions for computing profits and gains of retail businessSpecial provision for computing profits and gains of shipping business in the case of non-residentsSpecial provision for computing profits and gains in connection with the business of exploration, etc., of mineral oilsSpecial provision for computing profits and gains of the business of operation of aircraft in the case of non-residentsSpecial provision for computing profits and gains of foreign companies, engaged in the business of civil construction, etc., in certain turnkey power projectsDeduction of head office expenditure in the case of non-residentsSpecial provisions for computing income by way of royalties, etc., in the case of foreign companiesSpecial provision for computing income by way of royalties, etc., in case of non-residentsSpecial provision for computing deductions in the case of business reorganization of co-operative banks

    Capital gainsCapital gains on distribution of assets by companies in liquidationCapital gains on purchase by company of its own shares or other specified securitiesTransactions not regarded as transfer Withdrawal of exemption in certain casesMode of computationCost with reference to certain modes of acquisitionSpecial provision for computation of capital gains in case of depreciable assetsSpecial provision for cost of acquisition in case of depreciable assetSpecial provision for computation of capital gains in case of slump saleSpecial provision for full value of consideration in certain casesAdvance money receivedProfit on sale of property used for residenceCapital gain on transfer of land used for agricultural purposes not to be charged in certain casesCapital gain on compulsory acquisition of lands and buildings not to be charged in certain casesCapital gain on transfer of capital assets not to be charged in certain casesCapital gain on transfer of long-term capital assets not to be charged in the case of investment in specified securitiesCapital gain on transfer of long-term capital assets not to be charged in certain casesCapital gain not to be charged on investment in certain bondsCapital gain on transfer of certain listed securities or unit, not to be charged in certain casesCapital gain on transfer of certain capital assets not to be charged in case of investment in residential houseExemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban areaExemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any Special Economic ZoneExtension of time for acquiring new asset or depositing or investing amount of capital gainMeaning of adjusted, cost of improvement and cost of acquisitionReference to Valuation Officer

    Income from other sourcesDeductionsAmounts not deductible

    Profits chargeable to tax

    V INCOME OF OTHER PERSONS INCLUDED IN ASSESSEES TOTAL INCOME

    Transfer of income where there is no transfer of assetsRevocable transfer of assetsTransfer irrevocable for a specified periodTransfer and revocable transfer definedIncome of individual to include income of spouse, minor child, etc.Liability of person in respect of income included in the income of another person

    VI AGGREGATION OF INCOME AND SET OFF OR CARRY FORWARD OF LOSS

    CAPITAL GAINS

    INCOME FROM OTHER SOURCES

    AGGREGATION OF INCOME

  • 8/8/2019 23 Incometax Sections

    14/22

  • 8/8/2019 23 Incometax Sections

    15/22

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

    VIII REBATES AND RELIEF

    Rebate to be allowed in computing income-taxRebate on life insurance premia, contribution to provident fund, etc.Rebate in respect of securities transaction tax

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

    IX DOUBLE TAXATION RELIEF

    Agreement with foreign countriesAdoption by Central Government of agreements between specified associations for double taxation relief Countries with which no agreement exists

    X SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

    Computation of income from international transaction having regard to arms length priceMeaning of associated enterpriseMeaning of international transactionComputation of arms length priceReference to Transfer Pricing Officer Maintenance and keeping of information and document by persons entering into an international transaction

    Report from an accountant to be furnished by persons entering into international transactionDefinitions of certain terms relevant to computation of arms length price, etcAvoidance of income-tax by transactions resulting in transfer of income to non-residentsAvoidance of tax by certain transactions in securities

    XII DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

    Determination of tax where total income includes income on which no tax is payableTax on accumulated balance of recognised provident fundTax on short-term capital gains in certain casesTax on long-term capital gains

    Tax in the case of block assessment of search cases

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

    Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer Tax on profits and gains of l ife insurance business

    Tax on non-resident sportsmen or sports associationsTax on income from units of an open-ended equity oriented fund of the unit Trust of India or of Mutual FundsAnonymous donations to be taxed in certain cases

    XII-A SPECIAL PROVISIONS RELATING TO CERTAIN INCOMES OF NON RESIDENTS

    DefinitionsSpecial provision for computation of total income of non-residentsTax on investment income and long-term capital gainsCapital gains on transfer of foreign exchange assets not to be charged in certain casesReturn of income not to be filed in certain casesBenefit under Chapter to be available in certain cases even after the assessee becomes residentChapter not to apply if the assessee so chooses

    XII-B SPECIAL PROVISIONS RELATING TO CERTAIN COMPANIES

    Special provisions relating to certain companiesDeemed income relating to certain companiesTax credit in respect of tax paid on deemed income relating to certain companiesSpecial provision for payment of tax by certain companies

    XII-D SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED PROFITS OF DOMESTIC COMPANIES

    Tax on distributed profits of domestic companiesInterest payable for non-payment of tax by domestic companiesWhen company is deemed to be in default

    XII-E SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME

    Tax on distributed income to unit holdersInterest payable for non-payment of taxUnit Trust of India or mutual fund to be an assessee in default

    XII-F SPECIAL PROVISIONS RELATING TO TAX ON INCOME RECEIVED FROM VENTURE CAPITAL COMPANIES AND VENTUIRE CAPITAL FUNDS

    Tax on income in certain cases

    REBATE OF INCOME TAX

    RELIEF OF INCOME TAX

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

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

  • 8/8/2019 23 Incometax Sections

    16/22

    XII-G SPECIAL PROVISIONS RELATING TO INCOME OF SHIPPING COMPANIES

    Definitions

    Computation of profits and gains from the business of operating qualifying shipsOperating shipsQualifying companyQualifying ship

    Manner of computation of income under tonnage tax schemeTonnage incomeComputation of tonnage incomeCalculation in case of joint operation, etc.Relevant shipping incomeTreatment of common costsDepreciationGeneral exclusion of deduction and set off, etc.Exclusion of lossChargeable gains from transfer of tonnage tax assetsExclusion from provisions of section 115JB

    Method and time of opting for tonnage tax schemePeriod for which tonnage tax option to remain in forceRenewal of tonnage tax schemeProhibition to opt for tonnage tax scheme in certain cases

    Transfer of profits to Tonnage Tax Reserve AccountMinimum training requirement for tonnage tax companyLimit for charter in of tonnageMaintenance and audit of accountsDetermination of tonnage

    AmalgamationDemerger

    Effect of temporarily ceasing to operate qualifying ships

    Avoidance of tax

    Exclusion from tonnage tax scheme

    XII-H INCOME TAX ON FRINGE BENEFITS

    Definitions

    Charge of fringe benefit taxFringe benefitsValue of fringe benefits

    Return of fringe benefitsAssessmentBest judgment assessmentFringe benefits escaping assessment

    Issue of notice where fringe benefits have escaped assessmentPayment of fringe benefit taxAdvance tax in respect of fringe benefitsInterest for default in furnishing return of fringe benefitsRecovery of fringe benefit tax by the employer from the employeeApplication of other provisions of this Act

    XIII INCOME TAX AUTHORITIES

    Income-tax authoritiesAppointment of income-tax authoritiesControl of income-tax authoritiesInstructions to subordinate authorities

    Jurisdiction of income-tax authoritiesJurisdiction of Assessing OfficersPower to transfer casesChange of incumbent of an office

    Power regarding discovery, production of evidence, etc.Search and seizurePowers to requisition books of account, etc.Application of seized or requisitioned assetsPower to call for informationPower of surveyPower to collect certain informationPower to inspect registers of companiesPower of Director General or Director, Chief Commissioner or Commissioner and Joint Commissioner

    Proceedings before income-tax authorities to be judicial proceedings

    MEANING OF CERTAIN EXPRESSIONS

    COMPUTATION OF TONNAGE INCOME FROM BUSINESS OF OPERATING QUALIFYING SHIPS

    PROCEDURE FOR OPTION OF TONNAGE TAX SCHEME

    CONDITIONS FOR APPLICABILITY OF TONNAGE TAX SCHEME

    AMALGAMATION AND DEMERGER OF SHIPPING COMPANIES

    MISCELLENEOUS

    PROVISIONS OF THIS CHAPTER NOT TO APPLY IN CERTAIN CASES

    MEANING OF CERTAIN EXPRESSIONS

    BASIS OF CHARGE

    PROCEDURE FOR FILING OF RETURN IN RESPECT OF FRINGE BENEFITS ASSESSMENT AND PAYMEBNT OF TAX IN RESPECT THEREOF

    APPOINTMENT AND CONTROL

    JURISDICTION

    POWERS

  • 8/8/2019 23 Incometax Sections

    17/22

    Disclosure of information respecting assessees

    XIV PROCEDURE FOR ASESESSMENT

    Return of incomePermanent account number Scheme for submission of returns through Tax Return PreparersPower of Board to dispense with furnishing documents, etc., with the returnFiling of return in electronic form

    Return by whom to be signedSelf-assessmentInquiry before assessmentEstimate by Valuation Officer in certain casesAssessmentBest judgment assessmentPower of Joint Commissioner to issue directions in certain casesMethod of accountingMethod of accounting in certain casesIncome escaping assessmentIssue of notice where income has escaped assessmentTime limit for noticeProvision for cases where assessment is in pursuance of an order on appeal, etc.Sanction for issue of noticeOther provisionsTime limit for completion of assessments and reassessmentsAssessment in case of search or requisitionTime limit for completion of assessment under section 153AAssessment of income of any other personPrior approval necessary for assessment in cases of search or requisitionRectification of mistakeOther amendmentsNotice of demandIntimation of lossIntimation of assessment of firm

    XIV-A SPECIAL PROVISIONS FOR AVOIDING REPETITIVE APPEALS

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

    XIV-B SPECIAL PROVISIONS FOR ASSESSMENT OF SEARCH CASES

    DefinitionsAssessment of undisclosed income as a result of searchComputation of undisclosed income of the block periodProcedure for block assessmentUndisclosed income of any other personTime limit for completion of block assessmentCertain interests and penalties not to be levied or imposedLevy of interest and penalty in certain casesAuthority competent to make the block assessmentApplication of other provisions of this ActChapter not to apply after certain date

    XV LIABILITY IN SPECIAL CASES

    Legal representatives

    Representative assesseeLiability of representative assesseeRight of representative assessee to recover tax paid

    Who may be regarded as agentCharge of tax where share of beneficiaries unknownCharge of tax in case of oral trustCase where part of trust income is chargeable

    Direct assessment or recovery not barredRemedies against property in cases of representative assesseesAOP AND BOI

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

    ExecutorsRight of executor to recover tax paid

    Succession to business otherwise than on death

    Assessment after partition of a Hindu undivided family

    Shipping business of non-residents

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

    DISCLOSURE OF INFORMATION

    LEGAL REPRESENTATIVES

    REPRESENTATIVE ASSESEES- GENERAL PROVISIONS

    REPRESENTATIVE ASSESSEES- SPECIAL CASES

    REPRESENTATIVE ASSESSEES-MISCELLENEOUS PROVISIONS

    EXECUTORS

    SUCCESSION OF BUSINESS OR PROFESSION

    PARTITION

    PROFITS OF NON RESIDENTS FROM OCCASSIONAL SHIPPING BUSINESS

    RECOVERY OF TAX IN RESPECT OF NON RESIDENTS

    PERSONS LEAVING INDIA

  • 8/8/2019 23 Incometax Sections

    18/22

    Assessment of persons leaving IndiaI OR ARTIFICIAL JURIDICAL PERSONS 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

    Assessment of persons likely to transfer property to avoid tax

    Discontinued businessAssociation dissolved or business discontinuedCompany in liquidation

    Liability of directors of private company in liquidation

    Royalties or copyright fees for literary or artistic workConsideration for know-how

    XVI SPECIAL PROVISIONS APPLICABLE TO FIRMS

    Assessment as a firmAssessment when section 184 not complied with

    Change in constitution of a firmSuccession of one firm by another firmJoint and several liability of partners for tax payable by firmFirm dissolved or business discontinuedProvisions applicable to past assessments of firms

    VII COLLECTION AND RECOVERY OF TAX

    Deduction at source and advance paymentDirect payment

    SalaryInterest on securitiesDividendsInterest other than Interest on securitiesWinnings from lottery or crossword puzzleWinnings from horse racePayments to contractors and sub-contractorsInsurance commissionPayments to non-resident sportsmen or sports associationsPayments in respect of deposits under National Savings Scheme, etc.Payments on account of repurchase of units by Mutual Fund or Unit Trust of IndiaCommission, etc., on the sale of lottery ticketsCommission or brokerageRentFees for professional or technical servicesIncome in respect of unitsPayment of compensation on acquisition of capital assetPayment of compensation on acquisition of certain immovable propertyOther sumsIncome payable net of taxInterest or dividend or other sums payable to Government, Reserve Bank or certain corporations

    Income in respect of units of non-residentsIncome from unitsIncome from foreign currency bonds or shares of Indian companyIncome of Foreign Institutional Investors from securitiesCertificate for deduction at lower rateNo deduction to be made in certain casesTax deducted is income receivedCredit for tax deductedDuty of person deducting taxConsequences of failure to deduct or payDeduction only one mode of recoveryCertificate for tax deductedTax deduction and collection account number Furnishing of statement of tax deductedMeaning of person responsible for paying

    Bar against direct demand on assesseePersons deducting tax to furnish prescribed returnsFurnishing of quarterly return in respect of payment of interest to residents without deduction of tax

    CTION AT SOURCEProfits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.Tax collection account number

    Liability for payment of advance taxConditions of liability to pay advance taxComputation of advance taxPayment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer Instalments of advance tax and due datesInterest payable by GovernmentInterest payable by assessee

    PERSONS TRYING TO ALIENATE THEIR ASSETS

    DISCONTINUANCE OF BUSINESS OR DISSOLUTION

    PRIVATE COMPANIES

    SPECIAL PROVISIONS FOR CERTAIN KIND OF INCOMES

    ASSESSMENT OF FIRMS

    CHANGES IN CONSTITUTION, SUCCESSION AND DISSOLUTION

    GENERAL

    DEDUCTION AT SOURCE

    ADVANCE PAYMENT OF TAX

  • 8/8/2019 23 Incometax Sections

    19/22

    Interest payable by assessee in case of underestimate, etc.Interest payable by assessee when no estimate madeWhen assessee deemed to be in defaultCredit for advance tax

    When tax payable and when assessee deemed in defaultPenalty payable when tax in defaultCertificate to Tax Recovery Officer Tax Recovery Officer by whom recovery is to be effectedValidity of certificate and cancellation or amendment thereof

    Stay of proceedings in pursuance of certificate and amendment or cancellation thereof Other modes of recoveryRecovery through State GovernmentRecovery of tax in pursuance of agreements with foreign countriesRecovery of penalties, fine, interest and other sumsTax clearance certificateRecovery by suit or under other law not affected

    Interest for defaults in furnishing return of incomeInterest for defaults in payment of advance taxInterest for deferment of advance taxInterest on excess refund

    XVIII RELIEF RESPECTING TAX ON DIVIDENDS IN CERTAIN CASES

    Relief to company in respect of dividend paid out of past taxed profitsRelief to certain charitable institutions or funds in respect of certain dividends

    XIX REFUNDS

    RefundsPerson entitled to claim refund in certain special casesForm of claim for refund and limitationRefund on appeal, etc.Correctness of assessment not to be questionedInterest on delayed refundsInterest on refund where no claim is neededInterest on refundsSet off of refunds against tax remaining payable

    XIXA SETTLEMENT OF CASES

    DefinitionsIncome-tax Settlement CommissionJurisdiction and powers of Settlement CommissionVice-Chairman to act as Chairman or to discharge his functions in certain ci rcumstancesPower of Chairman to transfer cases from one Bench to another Decision to be by majorityApplication for settlement of casesProcedure on receipt of an application under section 245CPower of Settlement Commission to order provisional attachment to protect revenuePower of Settlement Commission to reopen completed proceedingsPowers and procedure of Settlement Commission

    Inspection, etc., of reportsPower of Settlement Commission to grant immunity from prosecution and penaltyAbatement of proceeding before Settlement CommissionCredit for tax paid in case of abatement of proceedingsOrder of settlement to be conclusiveRecovery of sums due under order of settlementBar on subsequent application for settlementProceedings before Settlement Commission to be judicial proceedings

    XIX-B ADVANCE RULINGS

    DefinitionsAuthority for advance rulingsVacancies, etc., not to invalidate proceedingsApplication for advance ruling

    Procedure on receipt of applicationAppellate authority not to proceed in certain casesApplicability of advance rulingAdvance ruling to be void in certain circumstancesPowers of the AuthorityProcedure of Authority

    X APPEALS AND REVISION

    Appealable ordersAppealable orders before Commissioner (Appeals)Appeal by person denying liability to deduct tax in certain casesForm of appeal and limitationProcedure in appeal

    COLLECTION AND RECOVERY

    OMITTEDINTEREST CHARGEABLE IN CERTAIN CASES

    APPEALS TO DEPUTY COMMISSIONER/COMMISSIONER [APPEALS]

  • 8/8/2019 23 Incometax Sections

    20/22

    Powers of the Commissioner (Appeals)

    Appellate TribunalAppeals to the Appellate TribunalOrders of Appellate TribunalProcedure of Appellate TribunalStatement of case to Supreme Court in certain casesEffect to the decisions of Supreme Court and of the National Tax Tribunal

    Appeal to High Court

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

    Appeal to Supreme CourtHearing before Supreme Court

    Revision of orders prejudicial to revenueRevision of other orders

    Tax to be paid notwithstanding reference, etc.Execution for costs awarded by Supreme CourtAmendment of assessment on appealExclusion of time taken for copyDefinition of High Court

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

    DefinitionsRegistration of certain transactionsCompetent authorityImmovable property in respect of which proceedings for acquisition may be takenPreliminary noticeObjectionsHearing of objectionsAppeal against order for acquisitionAppeal to High CourtVesting of property in Central GovernmentCompensationPayment or deposit of compensationAssistance by Valuation OfficersPowers of competent authorityRectification of mistakesAppearance by authorised representative or registered valuer Statement to be furnished in respect of transfers of immovable propertyChapter not to apply to transfers to relativesProperties liable for acquisition under this Chapter not to be acquired under other lawsChapter not to apply where transfer of immovable property made after a certain dateChapter not to extend to State of Jammu and Kashmir

    X-B REQUIREMENT AS TO MODE OF ACCEPTANCE PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX

    Mode of taking or accepting certain loans and depositsMode of repayment of certain loans or depositsMode of repayment of Special Bearer Bonds, 1991

    XI PENALTIES IMPOSABLE

    Commencement of Chapter DefinitionsAppropriate authorityRestrictions on transfer of immovable propertyOrder by appropriate authority for purchase by Central Government of immovable propertyVesting of property in Central GovernmentConsideration for purchase of immovable property by Central GovernmentPayment or deposit of considerationRe-vesting of property in the transferor on failure of payment or deposit of considerationPowers of the appropriate authorityRectification of mistakesRestrictions on revocation or alteration of certain agreements for the transfer of immovable property or on transfer of certain immovable propertyRestrictions on registration, etc., of documents in respect of transfer of immovable property

    Immunity to transferor against claims of transferee for transfer Order of appropriate authority to be final and conclusiveChapter not to apply to certain transfersChapter not to apply where transfer of immovable property effected after certain dateFailure to furnish returns, comply with notices, concealment of income, etc.Failure to keep, maintain or retain books of account, documents, etc.Penalty for failure to keep and maintain information and document in respect of international transactionPenalty where search has been initiatedFailure to get accounts auditedPenalty for failure to furnish report under section 92EFailure to subscribe to the eligible issue of capitalPenalty for failure to deduct tax at sourcePenalty for failure to collect tax at sourcePenalty for failure to comply with the provisions of section 269SSPenalty for failure to comply with the provisions of section 269T

    APPEALS TO APPELATE TRIBUNAL

    APPEALS TO HIGH COURT

    APPELS TO SUPREME COURT

    REVISION BY COMMISSIONER

    GENERAL

  • 8/8/2019 23 Incometax Sections

    21/22

    Penalty for failure to furnish return of incomePenalty for failure to furnish annual information returnPenalty for failure to furnish return of fringe benefitsPenalty for failure to furnish information or document under section 92DPenalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc.Penalty for failure to comply with the provisions of section 133BPenalty for failure to comply with the provisions of section 139APenalty for failure to comply with the provisions of section 203APenalty for failure to comply with the provisions of section 206CAFalse estimate of, or failure to pay, advance tax

    Power to reduce or waive penalty, etc., in certain casesPenalty not to be imposed in certain casesProcedureBar of limitation for imposing penalties

    XII OFFENCES AND PROSECUTION

    Contravention of order made under sub-section (3) of section 132Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132Removal, concealment, transfer or delivery of property to thwart tax recoveryFailure to comply with the provisions of sub-sections (1) and (3) of section 178Failure to comply with the provisions of sections 269UC, 269UE and 269ULFailure to pay tax to the credit of Central Government under Chapter XII-D or XVII-BFailure to pay the tax collected at sourceWilful attempt to evade tax, etc.

    Failure to furnish returns of incomeFailure to furnish return of income in search casesFailure to produce accounts and documentsFalse statement in verification, etc.Falsification of books of account or document, etc.Abetment of false return, etc.Punishment for second and subsequent offencesPunishment not to be imposed in certain casesOffences by companiesOffences by Hindu undivided familiesPresumption as to assets, books of account, etc., in certain casesPresumption as to culpable mental stateProsecution to be at instance of Chief Commissioner or Commissioner Certain offences to be non-cognizableProof of entries in records or documentsDisclosure of particulars by public servants

    XIII MISCELLENEOUS

    Certain transfers to be voidProvisional attachment to protect revenue in certain casesService of notice generallyService of notice when family is disrupted or firm, etc., is dissolvedService of notice in the case of discontinued businessSubmission of statements by producers of cinematograph filmsObligation to furnish annual information returnPublication of information respecting assessees in certain casesAppearance by registered valuer in certain mattersAppearance by authorised representativeRounding off of incomeRounding off amount payable and refund dueReceipt to be givenIndemnityPower to tender immunity from prosecutionCognizance of offencesSection 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to applyReturn of income, etc., not to be invalid on certain groundsPresumption as to assets, books of account, etc.Bar of suits in civil courtsPower to make exemption, etc., in relation to participation in the business of prospecting for, extraction, etc., of mineral oilsPower of Central Government or Board to condone delays in obtaining approvalAct to have effect pending legislative provision for charge of taxPower to make exemption, etc., in relation to certain Union territoriesPower to make rules

    Rules and certain notifications to be placed before ParliamentRepeals and savingsPower to remove difficulties

    S TO THE ACT

    Insurance BusinessProcedure for Recovery of TaxProcedure for Distraint by AO/TROA. RPF B. Approved Superannuation Funds C. Approved Gratuity FundsList of Articles and ThingsOmittedA. Materials B. Groups of Associated MineralsList of Industrially Backward States & UTOmitted

  • 8/8/2019 23 Incometax Sections

    22/22

    OmittedList of Articles or ThingsProcessed Minerals or OresList of Articles or ThingsList of Articles or Things or Operations