All income tax sections

CHAPTER – I PRELIMINARY
1
  2
  3

CHAPTER – II BASIS OF CHARGE

  4
  5
  5A
  6
  7
  8
  9

CHAPTER – III INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

  10
  10A
  10AA
  10B
  10BA
  10BB
  10C
  11
  12
  12A
  12AA
  13
  13A

CHAPTER – IV COMPUTATION OF TOTAL INCOME

  14
  14A

A.     

  15
  16
  17

B.     

  22
  23
  24
  25
  25A
  25AA
  25B
  26
  27

C.     

  28
  29
  30
  31
  32
  32A
  32AB
  33
  33A
  33AB
  33ABA
  33AC
  33B
  34
  34A
  35
  35A
  35AB
  35ABB
  35AC

  35CCA
  35CCB
  35D
  35DD
  35DDA
  35E
  36
  37
  38

  40
  40A
  41
  42
  43
  43A
  43B
  43C
  43D
  44
  44A
  44AA
  44AB

  44AD
  44AE
  44AF
  44B
  44BB
  44BBA
  44BBB
  44C
  44D
  44DA
  44DB

D.     

  45
  46
  46A
  47
  47A
  48
  49
  50
  50A
  50B
  50C
  51
  54
  54B
  54D
  54E
  54EA
  54EB
  54EC
  54ED
  54F
  54G
  54GA
  54H
  55
  55A

E.     

  56
  57
  58
  59

CHAPTER – V INCOME OF OTHER PERSONS INCLUDED IN ASSESSEES TOTAL INCOME

  60
  61
  62
  63
  64
  65

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

A.     
  66
  67A
  68
  69
  69A
  69B
  69C
  69D

B.     

  70
  71
  71A
  71B
  72
  72A

  72AA
  72AB
  73
  74
  74A
  75
  78
  79
  80

CHAPTER – VI A DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME

A.     
  80A
  80AB
  80AC
  80B
B.     
  80C
  80CCA
  80CCB
  80CCC
  80CCD
  80CCE
  80D
  80DD
  80DDB
  80E
  80G
  80GG
  80GGA
  80GGB
  80GGC
C.     
  80HH
  80HHA
  80HHB
  80HHBA
  80HHC
  80HHD
  80HHE
  80HHF
  80I
  80IA
  80IAB
  80IB
  80IC
  80ID
  80IE
  80JJA
  80JJAA
  80LA
  80O
  80P
  80Q
  80QQA
  80QQB
  80R
  80RR
  80RRA
  80RRB
D.     
  80U

CHAPTER – VII INCOMES FORMING PART OF TOTAL INCOME ON WHICH NO INCOME TAX IS PAYABLE
  86

CHAPTER – VIII REBATES AND RELIEF

A.     
  87
  88
  88E
B.     
  89

CHAPTER – IX DOUBLE TAXATION RELIEF

  90
  90A
  91

CHAPTER – X SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

  92
  92A
  92B
  92C
  92CA
  92D
  92E
  92F
  93
  94

CHAPTER – XII DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

  110
  111
  111A
  112

  113

  115A
  115AB
  115AC
  115ACA
  115AD
  115B

  115BB
  115BBA
  115BBB
  115BBC

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

  115C
  115D
  115E
  115F
  115G
  115H
  115I

CHAPTER – XII-B SPECIAL PROVISIONS RELATING TO CERTAIN COMPANIES

  115J
  115JA
  115JAA
  115JB

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

  115O
  115P
  115Q

CHAPTER – XII-E SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME

  115R
  115S
  115T

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

  115U
CHAPTER – XII-G SPECIAL PROVISIONS RELATING TO INCOME OF SHIPPING COMPANIES

A.     
  115V
B.     
  115VA
  115VB
  115VC
  115VD
  115VE
  115VF
  115VG
  115VH
  115VI
  115VJ
  115VK
  115VL
  115VM
  115VN
  115VO
C.     
  115VP
  115VQ
  115VR
  115VS
D.     
  115VT
  115VU
  115VV
  115VW
  115VX
E.     
  115VY
  115VZ
F.     
  115VZA
G.    
  115VZB
  115VZC

CHAPTER – XII-H INCOME TAX ON FRINGE BENEFITS

A.     
  115W
B.     
  115WA
  115WB
  115WC
C.     
  115WD
  115WE
  115WF
  115WG
  115WH
  115WI
  115WJ
  115WK
  115WKA
  115WL

CHAPTER – XIII INCOME TAX AUTHORITIES

A.     
  116
  117
  118
  119
B.     
  120
  124
  127
  129
C.     
  131
  132
  132A
  132B
  133
  133A
  133B
  134
  135
  136
 D.     
  138

CHAPTER – XIV PROCEDURE FOR ASESESSMENT

  139
  139A
  139B
  139C
  139D
  140
  140A
  142
  142A
  143
  144
  144A
  145
  145A
  147
  148
  149
  150
  151
  152
  153
  153A
  153B
  153C
  153D
  154
  155
  156
  157
  158

CHAPTER - XIV-A SPECIAL PROVISIONS FOR AVOIDING REPETITIVE APPEALS

  158A

CHAPTER – XIV-B SPECIAL PROVISIONS FOR ASSESSMENT OF SEARCH CASES

  158B
  158BA
  158BB
  158BC
  158BD
  158BE
  158BF
  158BFA
  158BG
  158BH
  158BI

CHAPTER – XV LIABILITY IN SPECIAL CASES

A.     
  159
B.     
  160
  161
  162
C.     
  163
  164
  164A
  165
D.     
  166
  167
DD. FIRMS AOP AND BOI
  167A
  167B
E.     
  168
  169
F.     
  170
G.    
  171
H.     
  172
I.       
  173
J.      
  174
JA. AOP BOI OR ARTIFICIAL JURIDICAL PERSONS FORMED FOR A PARTICULAR EVENT OR PURPOSE
  174A
K.     
  175
L.     
  176
  177
  178
M.
  179
N.     
  180
  180A

CHAPTER – XVI SPECIAL PROVISIONS APPLICABLE TO FIRMS

A.     
  184
  185
B.     
  187
  188
  188A
  189
  189A

CHAPTER XVII COLLECTION AND RECOVERY OF TAX

A.     
  190
  191
B.     
  192
  193
  194
  194A
  194B
  194BB
  194C
  194D
  194E
  194EE
  194F
  194G
  194H
  194I
  194J
  194K
  194L
  194LA
  195
  195A
  196
  196A
  196B
  196C
  196D
  197
  197A
  198
  199
  200
  201
  202
  203
  203A
  203AA
  204
  205
  206
  206A

BB. COLLECTION AT SOURCE

  206C
  206CA
C.     
  207
  208
  209
  210
  211
  214
  215
  216
  217
  218
  219
D.     
  220
  221
  222
  223
  224
  225
  226
  227
  228A
  229
  230
  232
E.     
F.     
  234A
  234B
  234C
  234D

CHAPTER – XVIII RELIEF RESPECTING TAX ON DIVIDENDS IN CERTAIN CASES

  236
  236A

CHAPTER – XIX REFUNDS

  237
  238
  239
  240
  242
  243
  244
  244A
  245

CHAPTER – XIXA SETTLEMENT OF CASES

  245A
  245B
  245BA
  245BB
  245BC
  245BD
  245C
  245D
  245DD
  245E
  245F
  245G
  245H
  245HA
  245HAA
  245I
  245J
  245K
  245L

CHAPTER – XIX-B ADVANCE RULINGS

  245N
  245O
  245P
  245Q
  245R
  245RR
  245S
  245T
  245U
  245V

CHAPTER XX APPEALS AND REVISION

A.     
  246
  246A
  248
  249
  250
  251
B.     
  252
  253
  254
  255
  257
  260
C.     
  260A
  260B
D.     
  261
  262
E.     
  263
  264
F.     
  265
  266
  267
  268
  269

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

  269A
  269AB
  269B
  269C
  269D
  269E
  269F
  269G
  269H
  269I
  269J
  269K
  269L
  269M
  269N
  269O
  269P
  269Q
  269R
  269RR
  269S

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

  269SS
  269T
  269TT

CHAPTER XXI PENALTIES IMPOSABLE

  269U
  269UA
  269UB
  269UC
  269UD
  269UE
  269UF
  269UG
  269UH
  269UI
  269UJ
  269UK
  269UL
  269UM
  269UN
  269UO
  269UP
  271
  271A
  271AA
  271AAA
  271B
  271BA
  271BB
  271C
  271CA
  271D
  271E
  271F
  271FA
  271FB
  271G
  272A
  272AA
  272B
  272BB
  272BBB
  273
  273A
  273B
  274
  275

CHAPTER XXII OFFENCES AND PROSECUTION

  275A
  275B
  276
  276A
  276AB
  276B
  276BB
  276C
  276CC
  276CCC
  276D
  277
  277A
  278
  278A
  278AA
  278B
  278C
  278D
  278E
  279
  279A
  279B
  280

CHAPTER XXIII MISCELLENEOUS

  281
  281B
  282
  283
  284
  285B
  285BA
  287
  287A
  288
  288A
  288B
  289
  290
  291
  292
  292A
  292B
  292C
  293
  293A
  293B
  294
  294A
  295
  296
  297
  298

SCHEDULES TO THE ACT

   I
   II
   III
   IV
   V
   VI
   VII
   VIII
   IX
   X
   XI
   XII
   XIII
   XIV
 All income tax sections

PTER – I PRELIMINARY
Short title, extent and commencement
Definitions
"Previous year" defined

PTER – II BASIS OF CHARGE

Charge of income-tax
Scope of total income
Apportionment of income between spouses governed by Portuguese Civil Code
Residence in India
Income deemed to be received
Dividend income
Income deemed to accrue or arise in India

PTER – III INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

Incomes not included in total income

Special provision in respect of newly established undertakings in free trade zone, etc
Special provisions in respect of newly established Units in Special Economic Zones
Special provisions in respect of newly established hundred per cent export-oriented undertakings
Special provisions in respect of export of certain articles or things
Meaning of computer programmes in certain cases
Special provision in respect of certain industrial undertakings in North-Eastern Region
Income from property held for charitable or religious purposes
Income of trusts or institutions from contributions
Conditions for applicability of sections 11 and 12
Procedure for registration
Section 11 not to apply in certain cases
Special provision relating to incomes of political parties

PTER – IV COMPUTATION OF TOTAL INCOME

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

A.      SALARIES

Salaries
Deductions from salaries
“Salary”, “perquisite” and “profits in lieu of salary” defined

B.      INCOME FROM HOUSE PROPERTY

Income from house property

Annual value how determined
Deductions from income from house property
Amounts not deductible from income from house property
Special provision for cases where unrealised rent allowed as deduction is realised subsequently
Unrealised rent received subsequently to be charged to income-tax
Special provision for arrears of rent received
Property owned by co-owners
“Owner of house property”, “annual charge”, etc., defined

C.      PROFITS AND GAINS FROM BUSINESS OR PROFESSION

Profits and gains of business or profession

Income from profits and gains of business or profession, how computed
Rent, rates, taxes, repairs and insurance for buildings
Repairs and insurance of machinery, plant and furniture
Depreciation
Investment allowance
Investment deposit account
Development rebate
Development allowance
Tea development account, coffee development account and rubber development account
Site Restoration Fund
Reserves for shipping business
Rehabilitation allowance
Conditions for depreciation allowance and development rebate
Restriction on unabsorbed depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies
Expenditure on scientific research
Expenditure on acquisition of patent rights or copyrights
Expenditure on know-how
Expenditure for obtaining licence to operate telecommunication services
Expenditure on eligible projects or schemes

Expenditure by way of payment to associations and institutions for carrying out rural development programmes
 Expenditure by way of payment to associations and institutions for carrying out programmes of conservation of natural resources
Amortisation of certain preliminary expenses
Amortisation of expenditure in case of amalgamation or demerger
Amortisation of expenditure incurred under voluntary retirement scheme
Deduction for expenditure on prospecting, etc., for certain minerals
Other deductions
General
Building, etc., partly used for business, etc., or not exclusively so used

Amounts not deductible

Expenses or payments not deductible in certain circumstances
Profits chargeable to tax
Special provision for deductions in the case of business for prospecting, etc., for mineral oil
Definitions of certain terms relevant to income from profits and gains of business or profession
Special provisions consequential to changes in rate of exchange of currency
Certain deductions to be only on actual payment
Special provision for computation of cost of acquisition of certain assets
Special provision in case of income of public financial institutions, public companies, etc.
Insurance business
Special provision for deduction in the case of trade, professional or similar association
Maintenance of accounts by certain persons carrying on profession or business
Audit 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 business
Special provision for computing profits and gains of shipping business in the case of non-residents
Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils
Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents
Special provision for computing profits and gains of foreign companies, engaged in the business of civil construction, etc., in certain turnkey power projects
Deduction of head office expenditure in the case of non-residents
Special provisions for computing income by way of royalties, etc., in the case of foreign companies
Special provision for computing income by way of royalties, etc., in case of non-residents
Special provision for computing deductions in the case of business reorganization of co-operative banks

D.      CAPITAL GAINS

Capital gains
Capital gains on distribution of assets by companies in liquidation
Capital gains on purchase by company of its own shares or other specified securities
Transactions not regarded as transfer
Withdrawal of exemption in certain cases
Mode of computation
Cost with reference to certain modes of acquisition
Special provision for computation of capital gains in case of depreciable assets
Special provision for cost of acquisition in case of depreciable asset
Special provision for computation of capital gains in case of slump sale
Special provision for full value of consideration in certain cases
Advance money received
Profit on sale of property used for residence
Capital gain on transfer of land used for agricultural purposes not to be charged in certain cases
Capital gain on compulsory acquisition of lands and buildings not to be charged in certain cases
Capital gain on transfer of capital assets not to be charged in certain cases
Capital gain on transfer of long-term capital assets not to be charged in the case of investment in specified securities
Capital gain on transfer of long-term capital assets not to be charged in certain cases
Capital gain not to be charged on investment in certain bonds
Capital gain on transfer of certain listed securities or unit, not to be charged in certain cases
Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house
Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area
Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any Special Economic Zone
Extension of time for acquiring new asset or depositing or investing amount of capital gain
Meaning of “adjusted”, “cost of improvement” and “cost of acquisition”
Reference to Valuation Officer

E.      INCOME FROM OTHER SOURCES

Income from other sources

Deductions
Amounts not deductible
Profits chargeable to tax

PTER – V INCOME OF OTHER PERSONS INCLUDED IN ASSESSEES TOTAL INCOME

Transfer of income where there is no transfer of assets

Revocable transfer of assets
Transfer irrevocable for a specified period
“Transfer” and “revocable transfer” defined
Income of individual to include income of spouse, minor child, etc.
Liability of person in respect of income included in the income of another person

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

A.      AGGREGATION OF INCOME

 Total income
Method of computing a member’s share in income of association of persons or body of individuals
Cash credits
Unexplained investments
Unexplained money, etc.
Amount of investments, etc., not fully disclosed in books of account
Unexplained expenditure, etc.
Amount borrowed or repaid on hundi

B.      SET OFF CARRY FORWARD AND SET OFF

Set off of loss from one source against income from another source under the same head of income
Set off of loss from one head against income from another
Transitional provisions for set off of loss under the head “Income from house property”
Carry forward and set off of loss from house property
Carry forward and set off of business losses
Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in amalgamation or demerger, etc.
Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in scheme of amalgamation of banking company in certain
cases
Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in business reorganisation of co-operative banks
Losses in speculation business
Losses under the head “Capital gains”
Losses from certain specified sources falling under the head "income from other sources"
Losses of firms
Carry forward and set off of losses in case of change in constitution of firm or on succession
Carry forward and set off of losses in the case of certain companies
Submission of return for losses

PTER – VI A DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME

A.      GENERAL
Deductions to be made in computing total income
Deductions to be made with reference to the income included in the gross total income
Deduction not to be allowed unless return furnished
Definitions
B.      DEDUCTIONS IN RESPECT OF CERTAIN PAYMENTS
Deduction in respect of life insurance premia, deferred annuity, contributions to provident fund, subscription to certain equity shares or debentures, etc.
Deduction in respect of deposits under National Savings Scheme or payment to a deferred annuity plan
Deduction in respect of investment made under Equity Linked Savings Scheme
Deduction in respect of contribution to certain pension funds
Deduction in respect of contribution to pension scheme of Central Government
Limit on deductions under sections 80C, 80CCC and 80CCD
Deduction in respect of medical insurance premia
Deduction in respect of maintenance including medical treatment of a dependent who is a person with disability
Deduction in respect of medical treatment, etc.
Deduction in respect of interest on loan taken for higher education
Deduction in respect of donations to certain funds, charitable institutions, etc.
Deductions in respect of rents paid
Deduction in respect of certain donations for scientific research or rural development
Deduction in respect of contributions given by companies to political parties
Deductions in respect of contributions given by any person to political parties
C.      DEDUCTIONS IN RESPECT OF CERTAIN INCOMES
Deduction in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas
Deduction in respect of profits and gains from newly established small-scale industrial undertakings in certain areas
Deduction in respect of profits and gains from projects outside India
Deduction in respect of profits and gains from housing projects in certain cases
Deduction in respect of profits retained for export business
Deduction in respect of earnings in convertible foreign exchange
Deduction in respect of profits from export of computer software, etc.
Deduction in respect of profits and gains from export or transfer of film software, etc.
Deduction in respect of profits and gains from industrial undertakings after a certain date, etc.
Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc.
Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone
Deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings
Special provisions in respect of certain undertakings or enterprises in certain special category States
Deduction in respect of profits and gains from business of hotels and convention centres in specified area
Special provisions in respect of certain undertakings in North-Eastern States
Deduction in respect of profits and gains from business of collecting and processing of bio-degradable waste
Deduction in respect of employment of new workmen
Deduction in respect of certain incomes of Offshore Banking Units and International Financial Services Centre
Deduction in respect of royalties, etc., from certain foreign enterprises
Deduction in respect of income of co-operative societies
Deduction in respect of profits and gains from the business of publication of books
Deduction in respect of professional income of authors of text books in Indian languages
Deduction in respect of royalty income, etc., of authors of certain books other than text books
Deduction in respect of remuneration from certain foreign sources in the case of professors, teachers, etc.
Deduction in respect of professional income from foreign sources in certain cases
Deduction in respect of remuneration received for services rendered outside India
Deduction in respect of royalty on Patents
D.      OTHERS
Deduction in case of a person with disability

PTER – VII INCOMES FORMING PART OF TOTAL INCOME ON WHICH NO INCOME TAX IS PAYABLE
 Share of member of an association of persons or body of individuals in the income of the association or body

PTER – VIII REBATES AND RELIEF

A.      REBATE OF INCOME TAX

Rebate to be allowed in computing income-tax
Rebate on life insurance premia, contribution to provident fund, etc.
Rebate in respect of securities transaction tax
B.      RELIEF OF INCOME TAX
Relief when salary, etc., is paid in arrears or in advance

PTER – IX DOUBLE TAXATION RELIEF

Agreement with foreign countries

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

PTER – X SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

Computation of income from international transaction having regard to arm’s length price
Meaning of associated enterprise
Meaning of international transaction
Computation of arm’s length price
Reference 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 transaction
Definitions of certain terms relevant to computation of arm’s length price, etc
Avoidance of income-tax by transactions resulting in transfer of income to non-residents
Avoidance of tax by certain transactions in securities

PTER – XII DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

Determination of tax where total income includes income on which no tax is payable
Tax on accumulated balance of recognised provident fund
Tax on short-term capital gains in certain cases
Tax 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 units purchased in foreign currency or capital gains arising from their transfer
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 life insurance business
Tax on winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or gambling or betting of any form or nature
whatsoever
Tax on non-resident sportsmen or sports associations
Tax on income from units of an open-ended equity oriented fund of the unit Trust of India or of Mutual Funds
Anonymous donations to be taxed in certain cases

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

Definitions
Special provision for computation of total income of non-residents
Tax on investment income and long-term capital gains
Capital gains on transfer of foreign exchange assets not to be charged in certain cases
Return of income not to be filed in certain cases
Benefit under Chapter to be available in certain cases even after the assessee becomes resident
Chapter not to apply if the assessee so chooses

PTER – XII-B SPECIAL PROVISIONS RELATING TO CERTAIN COMPANIES

Special provisions relating to certain companies

Deemed income relating to certain companies
Tax credit in respect of tax paid on deemed income relating to certain companies
Special provision for payment of tax by certain companies

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

Tax on distributed profits of domestic companies

Interest payable for non-payment of tax by domestic companies
When company is deemed to be in default

PTER – XII-E SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME

Tax on distributed income to unit holders

Interest payable for non-payment of tax
Unit Trust of India or mutual fund to be an assessee in default

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

Tax on income in certain cases

PTER – XII-G SPECIAL PROVISIONS RELATING TO INCOME OF SHIPPING COMPANIES

A.      MEANING OF CERTAIN EXPRESSIONS

Definitions
B.      COMPUTATION OF TONNAGE INCOME FROM BUSINESS OF OPERATING QUALIFYING SHIPS
Computation of profits and gains from the business of operating qualifying ships
Operating ships
Qualifying company
Qualifying ship
Manner of computation of income under tonnage tax scheme
Tonnage income
Computation of tonnage income
Calculation in case of joint operation, etc.
Relevant shipping income
Treatment of common costs
Depreciation
General exclusion of deduction and set off, etc.
Exclusion of loss
Chargeable gains from transfer of tonnage tax assets
Exclusion from provisions of section 115JB
C.      PROCEDURE FOR OPTION OF TONNAGE TAX SCHEME
Method and time of opting for tonnage tax scheme
Period for which tonnage tax option to remain in force
Renewal of tonnage tax scheme
Prohibition to opt for tonnage tax scheme in certain cases
D.      CONDITIONS FOR APPLICABILITY OF TONNAGE TAX SCHEME
Transfer of profits to Tonnage Tax Reserve Account
Minimum training requirement for tonnage tax company
Limit for charter in of tonnage
Maintenance and audit of accounts
Determination of tonnage
E.      AMALGAMATION AND DEMERGER OF SHIPPING COMPANIES
Amalgamation
Demerger
F.      MISCELLENEOUS
Effect of temporarily ceasing to operate qualifying ships
G.     PROVISIONS OF THIS CHAPTER NOT TO APPLY IN CERTAIN CASES
Avoidance of tax
Exclusion from tonnage tax scheme

PTER – XII-H INCOME TAX ON FRINGE BENEFITS

A.      MEANING OF CERTAIN EXPRESSIONS

Definitions
B.      BASIS OF CHARGE
Charge of fringe benefit tax
Fringe benefits
Value of fringe benefits
C.      PROCEDURE FOR FILING OF RETURN IN RESPECT OF FRINGE BENEFITS ASSESSMENT AND PAYMEBNT OF TAX IN RESPECT THEREOF
Return of fringe benefits
Assessment
Best judgment assessment
Fringe benefits escaping assessment
Issue of notice where fringe benefits have escaped assessment
Payment of fringe benefit tax
Advance tax in respect of fringe benefits
Interest for default in furnishing return of fringe benefits
Recovery of fringe benefit tax by the employer from the employee
Application of other provisions of this Act

PTER – XIII INCOME TAX AUTHORITIES

A.      APPOINTMENT AND CONTROL

Income-tax authorities
Appointment of income-tax authorities
Control of income-tax authorities
Instructions to subordinate authorities
B.      JURISDICTION
Jurisdiction of income-tax authorities
Jurisdiction of Assessing Officers
Power to transfer cases
Change of incumbent of an office
C.      POWERS
Power regarding discovery, production of evidence, etc.
Search and seizure
Powers to requisition books of account, etc.
Application of seized or requisitioned assets
Power to call for information
Power of survey
Power to collect certain information
Power to inspect registers of companies
Power of Director General or Director, Chief Commissioner or Commissioner and Joint Commissioner
Proceedings before income-tax authorities to be judicial proceedings
 D.      DISCLOSURE OF INFORMATION
Disclosure of information respecting assessees

PTER – XIV PROCEDURE FOR ASESESSMENT

Return of income
Permanent account number
Scheme for submission of returns through Tax Return Preparers
Power of Board to dispense with furnishing documents, etc., with the return
Filing of return in electronic form
Return by whom to be signed
Self-assessment
Inquiry before assessment
Estimate by Valuation Officer in certain cases
Assessment
Best judgment assessment
Power of Joint Commissioner to issue directions in certain cases
Method of accounting
Method of accounting in certain cases
Income escaping assessment
Issue of notice where income has escaped assessment
Time limit for notice
Provision for cases where assessment is in pursuance of an order on appeal, etc.
Sanction for issue of notice
Other provisions
Time limit for completion of assessments and reassessments
Assessment in case of search or requisition
Time limit for completion of assessment under section 153A
Assessment of income of any other person
Prior approval necessary for assessment in cases of search or requisition
Rectification of mistake
Other amendments
Notice of demand
Intimation of loss
Intimation of assessment of firm

PTER - XIV-A SPECIAL PROVISIONS FOR AVOIDING REPETITIVE APPEALS

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

PTER – XIV-B SPECIAL PROVISIONS FOR ASSESSMENT OF SEARCH CASES

Definitions
Assessment of undisclosed income as a result of search
Computation of undisclosed income of the block period
Procedure for block assessment
Undisclosed income of any other person
Time limit for completion of block assessment
Certain interests and penalties not to be levied or imposed
Levy of interest and penalty in certain cases
Authority competent to make the block assessment
Application of other provisions of this Act
Chapter not to apply after certain date

PTER – XV LIABILITY IN SPECIAL CASES

A.      LEGAL REPRESENTATIVES
Legal representatives
B.      REPRESENTATIVE ASSESEES- GENERAL PROVISIONS
Representative assessee
Liability of representative assessee
Right of representative assessee to recover tax paid
C.      REPRESENTATIVE ASSESSEES- SPECIAL CASES
Who may be regarded as agent
Charge of tax where share of beneficiaries unknown
Charge of tax in case of oral trust
Case where part of trust income is chargeable
D.      REPRESENTATIVE ASSESSEES-MISCELLENEOUS PROVISIONS
Direct assessment or recovery not barred
Remedies against property in cases of representative assessees
FIRMS AOP AND BOI
Charge of tax in the case of a firm
Charge of tax where shares of members in association of persons or body of individuals unknown, etc.
E.      EXECUTORS
Executors
Right of executor to recover tax paid
F.      SUCCESSION OF BUSINESS OR PROFESSION
Succession to business otherwise than on death
G.     PARTITION
Assessment after partition of a Hindu undivided family
H.      PROFITS OF NON RESIDENTS FROM OCCASSIONAL SHIPPING BUSINESS
Shipping business of non-residents
I.        RECOVERY OF TAX IN RESPECT OF NON RESIDENTS
Recovery of tax in respect of non-resident from his assets
J.       PERSONS LEAVING INDIA
 Assessment of persons leaving India
OP BOI 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
K.      PERSONS TRYING TO ALIENATE THEIR ASSETS
Assessment of persons likely to transfer property to avoid tax
L.      DISCONTINUANCE OF BUSINESS OR DISSOLUTION
Discontinued business
Association dissolved or business discontinued
Company in liquidation
M.     PRIVATE COMPANIES
Liability of directors of private company in liquidation
N.      SPECIAL PROVISIONS FOR CERTAIN KIND OF INCOMES
Royalties or copyright fees for literary or artistic work
Consideration for know-how

PTER – XVI SPECIAL PROVISIONS APPLICABLE TO FIRMS

A.      ASSESSMENT OF FIRMS

Assessment as a firm
Assessment when section 184 not complied with
B.      CHANGES IN CONSTITUTION, SUCCESSION AND DISSOLUTION
Change in constitution of a firm
Succession of one firm by another firm
Joint and several liability of partners for tax payable by firm
Firm dissolved or business discontinued
Provisions applicable to past assessments of firms

PTER XVII COLLECTION AND RECOVERY OF TAX

A.      GENERAL
Deduction at source and advance payment
Direct payment
B.      DEDUCTION AT SOURCE
Salary
Interest on securities
Dividends
Interest other than “Interest on securities”
Winnings from lottery or crossword puzzle
Winnings from horse race
Payments to contractors and sub-contractors
Insurance commission
Payments to non-resident sportsmen or sports associations
Payments in respect of deposits under National Savings Scheme, etc.
Payments on account of repurchase of units by Mutual Fund or Unit Trust of India
Commission, etc., on the sale of lottery tickets
Commission or brokerage
Rent
Fees for professional or technical services
Income in respect of units
Payment of compensation on acquisition of capital asset
Payment of compensation on acquisition of certain immovable property
Other sums
Income payable “net of tax”
Interest or dividend or other sums payable to Government, Reserve Bank or certain corporations
Income in respect of units of non-residents
Income from units
Income from foreign currency bonds or shares of Indian company
Income of Foreign Institutional Investors from securities
Certificate for deduction at lower rate
No deduction to be made in certain cases
Tax deducted is income received
Credit for tax deducted
Duty of person deducting tax
Consequences of failure to deduct or pay
Deduction only one mode of recovery
Certificate for tax deducted
Tax deduction and collection account number
Furnishing of statement of tax deducted
Meaning of “person responsible for paying”
Bar against direct demand on assessee
Persons deducting tax to furnish prescribed returns
Furnishing of quarterly return in respect of payment of interest to residents without deduction of tax

COLLECTION AT SOURCE
Profits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.
Tax collection account number
C.      ADVANCE PAYMENT OF TAX
Liability for payment of advance tax
Conditions of liability to pay advance tax
Computation of advance tax
Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer
Instalments of advance tax and due dates
Interest payable by Government
Interest payable by assessee
 Interest payable by assessee in case of underestimate, etc.
Interest payable by assessee when no estimate made
When assessee deemed to be in default
Credit for advance tax
D.      COLLECTION AND RECOVERY
When tax payable and when assessee deemed in default
Penalty payable when tax in default
Certificate to Tax Recovery Officer
Tax Recovery Officer by whom recovery is to be effected
Validity of certificate and cancellation or amendment thereof
Stay of proceedings in pursuance of certificate and amendment or cancellation thereof
Other modes of recovery
Recovery through State Government
Recovery of tax in pursuance of agreements with foreign countries
Recovery of penalties, fine, interest and other sums
Tax clearance certificate
Recovery by suit or under other law not affected
E.      OMITTED
F.      INTEREST CHARGEABLE IN CERTAIN CASES
Interest for defaults in furnishing return of income
Interest for defaults in payment of advance tax
Interest for deferment of advance tax
Interest on excess refund

PTER – XVIII RELIEF RESPECTING TAX ON DIVIDENDS IN CERTAIN CASES

Relief to company in respect of dividend paid out of past taxed profits

Relief to certain charitable institutions or funds in respect of certain dividends

PTER – XIX REFUNDS

Refunds
Person entitled to claim refund in certain special cases
Form of claim for refund and limitation
Refund on appeal, etc.
Correctness of assessment not to be questioned
Interest on delayed refunds
Interest on refund where no claim is needed
Interest on refunds
Set off of refunds against tax remaining payable

PTER – XIXA SETTLEMENT OF CASES

Definitions
Income-tax Settlement Commission
Jurisdiction and powers of Settlement Commission
Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
Power of Chairman to transfer cases from one Bench to another
Decision to be by majority
Application for settlement of cases
Procedure on receipt of an application under section 245C
Power of Settlement Commission to order provisional attachment to protect revenue
Power of Settlement Commission to reopen completed proceedings
Powers and procedure of Settlement Commission
Inspection, etc., of reports
Power of Settlement Commission to grant immunity from prosecution and penalty
Abatement of proceeding before Settlement Commission
Credit for tax paid in case of abatement of proceedings
Order of settlement to be conclusive
Recovery of sums due under order of settlement
Bar on subsequent application for settlement
Proceedings before Settlement Commission to be judicial proceedings

PTER – XIX-B ADVANCE RULINGS

Definitions
Authority for advance rulings
Vacancies, etc., not to invalidate proceedings
Application for advance ruling
Procedure on receipt of application
Appellate authority not to proceed in certain cases
Applicability of advance ruling
Advance ruling to be void in certain circumstances
Powers of the Authority
Procedure of Authority

PTER XX APPEALS AND REVISION

A.      APPEALS TO DEPUTY COMMISSIONER/COMMISSIONER [APPEALS]

Appealable orders
Appealable orders before Commissioner (Appeals)
Appeal by person denying liability to deduct tax in certain cases
Form of appeal and limitation
Procedure in appeal
 Powers of the Commissioner (Appeals)
B.      APPEALS TO APPELATE TRIBUNAL
Appellate Tribunal
Appeals to the Appellate Tribunal
Orders of Appellate Tribunal
Procedure of Appellate Tribunal
Statement of case to Supreme Court in certain cases
Effect to the decisions of Supreme Court and of the National Tax Tribunal
C.      APPEALS TO HIGH COURT
Appeal to High Court
Case before High Court to be heard by not less than two Judges
D.      APPELS TO SUPREME COURT
Appeal to Supreme Court
Hearing before Supreme Court
E.      REVISION BY COMMISSIONER
Revision of orders prejudicial to revenue
Revision of other orders
F.      GENERAL
Tax to be paid notwithstanding reference, etc.
Execution for costs awarded by Supreme Court
Amendment of assessment on appeal
Exclusion of time taken for copy
Definition of “High Court”

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

Definitions
Registration of certain transactions
Competent authority
Immovable property in respect of which proceedings for acquisition may be taken
Preliminary notice
Objections
Hearing of objections
Appeal against order for acquisition
Appeal to High Court
Vesting of property in Central Government
Compensation
Payment or deposit of compensation
Assistance by Valuation Officers
Powers of competent authority
Rectification of mistakes
Appearance by authorised representative or registered valuer
Statement to be furnished in respect of transfers of immovable property
Chapter not to apply to transfers to relatives
Properties liable for acquisition under this Chapter not to be acquired under other laws
Chapter not to apply where transfer of immovable property made after a certain date
Chapter not to extend to State of Jammu and Kashmir

PTER XX-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 deposits

Mode of repayment of certain loans or deposits
Mode of repayment of Special Bearer Bonds, 1991

PTER XXI PENALTIES IMPOSABLE

Commencement of Chapter
Definitions
Appropriate authority
Restrictions on transfer of immovable property
Order by appropriate authority for purchase by Central Government of immovable property
Vesting of property in Central Government
Consideration for purchase of immovable property by Central Government
Payment or deposit of consideration
Re-vesting of property in the transferor on failure of payment or deposit of consideration
Powers of the appropriate authority
Rectification of mistakes
Restrictions on revocation or alteration of certain agreements for the transfer of immovable property or on transfer of certain immovable property
Restrictions 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 conclusive
Chapter not to apply to certain transfers
Chapter not to apply where transfer of immovable property effected after certain date
Failure 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 transaction
Penalty where search has been initiated
Failure to get accounts audited
Penalty for failure to furnish report under section 92E
Failure to subscribe to the eligible issue of capital
Penalty for failure to deduct tax at source
Penalty for failure to collect tax at source
Penalty for failure to comply with the provisions of section 269SS
Penalty for failure to comply with the provisions of section 269T
 Penalty for failure to furnish return of income
Penalty for failure to furnish annual information return
Penalty for failure to furnish return of fringe benefits
Penalty for failure to furnish information or document under section 92D
Penalty 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 133B
Penalty for failure to comply with the provisions of section 139A
Penalty for failure to comply with the provisions of section 203A
Penalty for failure to comply with the provisions of section 206CA
False estimate of, or failure to pay, advance tax
Power to reduce or waive penalty, etc., in certain cases
Penalty not to be imposed in certain cases
Procedure
Bar of limitation for imposing penalties

PTER XXII OFFENCES AND PROSECUTION

Contravention of order made under sub-section (3) of section 132

Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132
Removal, concealment, transfer or delivery of property to thwart tax recovery
Failure to comply with the provisions of sub-sections (1) and (3) of section 178
Failure to comply with the provisions of sections 269UC, 269UE and 269UL
Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B
Failure to pay the tax collected at source
Wilful attempt to evade tax, etc.
Failure to furnish returns of income
Failure to furnish return of income in search cases
Failure to produce accounts and documents
False statement in verification, etc.
Falsification of books of account or document, etc.
Abetment of false return, etc.
Punishment for second and subsequent offences
Punishment not to be imposed in certain cases
Offences by companies
Offences by Hindu undivided families
Presumption as to assets, books of account, etc., in certain cases
Presumption as to culpable mental state
Prosecution to be at instance of Chief Commissioner or Commissioner
Certain offences to be non-cognizable
Proof of entries in records or documents
Disclosure of particulars by public servants

PTER XXIII MISCELLENEOUS

Certain transfers to be void

Provisional attachment to protect revenue in certain cases
Service of notice generally
Service of notice when family is disrupted or firm, etc., is dissolved
Service of notice in the case of discontinued business
Submission of statements by producers of cinematograph films
Obligation to furnish annual information return
Publication of information respecting assessees in certain cases
Appearance by registered valuer in certain matters
Appearance by authorised representative
Rounding off of income
Rounding off amount payable and refund due
Receipt to be given
Indemnity
Power to tender immunity from prosecution
Cognizance of offences
Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply
Return of income, etc., not to be invalid on certain grounds
Presumption as to assets, books of account, etc.
Bar of suits in civil courts
Power to make exemption, etc., in relation to participation in the business of prospecting for, extraction, etc., of mineral oils
Power of Central Government or Board to condone delays in obtaining approval
Act to have effect pending legislative provision for charge of tax
Power to make exemption, etc., in relation to certain Union territories
Power to make rules
Rules and certain notifications to be placed before Parliament
Repeals and savings
Power to remove difficulties

EDULES TO THE ACT

Insurance Business
Procedure for Recovery of Tax
Procedure for Distraint by AO/TRO
A. RPF B. Approved Superannuation Funds C. Approved Gratuity Funds
List of Articles and Things
Omitted
A. Materials B. Groups of Associated Minerals
List of Industrially Backward States & UT
Omitted
Omitted
List of Articles or Things
Processed Minerals or Ores
List of Articles or Things
List of Articles or Things or Operations