Direct Tax Section List - Chapterwise






CHAPTER I PRELIMINARY

1

Short title, extent and commencement

2

Definitions

3

"Previous year" defined

 

 

CHAPTER II BASIS OF CHARGE

 

 

4

Charge of income-tax

5

Scope of total income

5A

Apportionment of income between spouses governed by Portuguese Civil Code

6

Residence in India

7

Income deemed to be received

8

Dividend income

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

10AA

Special provisions in respect of newly established Units in Special Economic Zones

11

Income from property held for charitable or religious purposes

12

Income of trusts or institutions from contributions

12A

Conditions for applicability of sections 11 and 12

12AA

Procedure for registration

13

Section 11 not to apply in certain cases

13A

Special provision relating to incomes of political parties

13B

Electoral Trust

 

 

CHAPTER IV COMPUTATION OF TOTAL INCOME

 

 

14

Heads of income

14A(1)

Expenditure incurred in relation to income not includible in total income

14A(2)

Power of Assessing Officer

A. SALARIES

 

 

15

Salaries

16

Deductions from salaries

17

“Salary”, “perquisite” and “profits in lieu of salary” defined

 

 

B. 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

25AA

Unrealised rent received subsequently to be charged to income-tax

25B

Special provision for arrears of rent received

26

Property owned by co-owners

27

“Owner of house property”, “annual charge”, etc., defined

 

 

C. PROFITS AND GAINS FROM 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

33AB

Tea development account, coffee development account and rubber development account

33ABA

Site Restoration Fund

35

Expenditure on scientific research

35ABB

Expenditure for obtaining licence to operate telecommunication services

35AC

Expenditure on eligible projects or schemes

35AD

Deduction of Capital expenditure of specified business

35CCA

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

35CCC

Weighted deduction in respect of expenditure incurred on notified agricultural extension project

35CCD

Expenditure on skill development project

35D

Amortisation of certain preliminary expenses

35DD

Amortisation of expenditure in case of amalgamation or demerger

35DDA

Amortisation of expenditure incurred under voluntary retirement scheme

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

40(a)

Disallowance in the case of all assesses

40(b)

Disallowance in the case of partnership firm

40(ba)

Disallowance in the case of AOP and BOI

40A

Expenses or payments not deductible in certain circumstances

41

Profits chargeable to tax

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, public companies, etc.

44

Insurance business

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

44AD

Special provision for computing profits and gains of business of civil construction, etc.

44AE

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

44B

Special provision for computing profits and gains of shipping business in the case of non-residents

44BB

Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils

44BBA

Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents

44BBB

Special provision for computing profits and gains of foreign companies, engaged in the business of civil construction, etc., in certain turnkey

power projects

44C

Deduction of head office expenditure in the case of non-residents

44DA

Special provision for computing income by way of royalties, etc., in case of non-residents

44DB

Special provision for computing deductions in the case of business reorganization of co-operative banks

 

 

D. CAPITAL GAINS

 

 

45

Capital gains

46

Capital gains on distribution of assets by companies in liquidation

46A

Capital gains on purchase by company of its own shares or other specified securities

47

Transactions not regarded as transfer

47A

Withdrawal of exemption in certain cases

48

Mode of computation

49

Cost with reference to certain modes of acquisition

50

Special provision for computation of capital gains in case of depreciable assets

50A

Special provision for cost of acquisition in case of depreciable asset

50B

Special provision for computation of capital gains in case of slump sale

50C

Special provision for full value of consideration in certain cases

50D

If the consideration of asset transferred is not ascertainable then FMV on date of transfer shall be the full value of consideration

51

Advance money received

54

Profit on sale of property used for residence

54B

Capital gain on transfer of land used for agricultural purposes not to be charged in certain cases

54D

Capital gain on compulsory acquisition of lands and buildings not to be charged in certain cases

54EC

Capital gain not to be charged on investment in certain bonds (REC & NHAI)


54F

Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house

54G

Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area

54GA

Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any Special Economic Zone

54GB

Exemption of capital gains on transfer of capital asset being residential property(a house or plot of a land) & net consideration to be

utilized for subscribing to the equity shares of eligible company

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

 

 

E. INCOME FROM OTHER SOURCES

 

 

56

Income from other sources

57

Deductions

58

Amounts not deductible

59

Profits chargeable to tax

 

 

CHAPTER – V INCOME OF OTHER PERSONS INCLUDED IN ASSESSEES 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

 

 

A. AGGREGATION OF INCOME

 

 

66

Total income

67A

Method of computing a member’s share in income of association of persons or body of individuals

68

Cash credits

69

Unexplained investments

69A

Unexplained money, etc.

69B

Amount of investments, etc., not fully disclosed in books of account

69C

Unexplained expenditure, etc.

69D

Amount borrowed or repaid on hundi

 

 


B. SET OFF 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

71B

Carry forward and set off of loss from house property

72

Carry forward and set off of business losses

72A

Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in amalgamation or demerger,

etc.

72AA

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

72AB

Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in business reorganisation of co-

operative banks

73

Losses in speculation business

73A

Loss from activity of owning and maintaining race horse

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

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

Deduction in respect of life insurance premium, deferred annuity, contributions to provident fund, subscription to certain equity shares or

debentures, etc.

80CCC

Deduction in respect of contribution to certain pension funds

80CCD

Deduction in respect of contribution to pension scheme of Central Government

80CCE

Limit on deductions under sections 80C, 80CCC and 80CCD

80CCG

Deduction in respect of Investment in Equity Saving Scheme

80D

Deduction in respect of medical insurance premium

80DD

Deduction in respect of maintenance including medical treatment of a dependent who is a person with disability

80DDB

Deduction in respect of medical treatment, etc.

80E

Deduction in respect of interest on loan taken for higher education

80G

Deduction in respect of donations to certain funds, charitable institutions, etc.

80GG

Deductions in respect of rents paid

80GGA

Deduction in respect of certain donations for scientific research or rural development


80GGB

Deduction in respect of contributions given by companies to political parties

80GGC

Deductions in respect of contributions given by any person to political parties

C. DEDUCTIONS IN RESPECT OF CERTAIN INCOMES

80IA

Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc.

80IAB

Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone

80IB

Deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings

80IC

Special provisions in respect of certain undertakings or enterprises in certain special category States

80ID

Deduction in respect of profits and gains from business of hotels and convention centres in specified area

80IE

Special provisions in respect of certain undertakings in North-Eastern States

80JJA

Deduction in respect of profits and gains from business of collecting and processing of bio-degradable waste

80JJAA

Deduction in respect of employment of new workmen

80LA

Deduction in respect of certain incomes of Offshore Banking Units and International Financial Services Centre

80P

Deduction in respect of income of co-operative societies

80QQB

Deduction in respect of royalty income, etc., of authors of certain books other than text books

80RRB

Deduction in respect of royalty on Patents

80TTA

Deduction in respect of interest on deposits in saving account

D. OTHERS

80U

Deduction in case of a person with disability

 

 

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

 

 

86

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

 

 

CHAPTER – VIII REBATES AND RELIEF

 

 

A. REBATE OF INCOME TAX

87

Rebate to be allowed in computing income-tax

B. RELIEF OF INCOME TAX

89

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

 

 

CHAPTER IX DOUBLE TAXATION RELIEF

 

 

90

Agreement with foreign countries

90A

Adoption by Central Government of agreements between specified associations for double taxation relief

91

Countries with which no agreement exists

 

 

CHAPTER X SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX

 

 


92

Computation of income from international transaction having regard to arm’s length price

92A

Meaning of associated enterprise

92B

Meaning of international transaction

92BA

Specified domestic transaction

92C

Computation of arm’s length price

92CA

Reference to Transfer Pricing Officer

92CB

Safe Harbour rules

92CC

Advance Pricing Agreement

92CD

Effects to Advance Pricing Agreement

92D

Maintenance and keeping of information and document by persons entering into an international transaction

92E

Report from an accountant to be furnished by persons entering into international transaction

92F

Definitions of certain terms relevant to computation of arm’s length price, etc

93

Avoidance of income-tax by transactions resulting in transfer of income to non-residents

94

Avoidance of tax by certain transactions in securities

94A

Special measures in respect of transaction with person located in NJA

 

 

CHAPTER – XII DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

 

 

110

Determination of tax where total income includes income on which no tax is payable

111A

Tax on short-term capital gains in certain cases

112

Tax on long-term capital gains

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

115AC

Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer

115ACA

Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer

115AD

Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer

115BB

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

115BBA

Tax on non-resident sportsmen or sports associations

115BBC

Anonymous donations to be taxed in certain cases

115BBD

Tax on dividend by foreign company

115BBE

Tax on income referred to in sec 68, 69, 69A, 69B, 69C or 69D

 

 

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

 

 

115JAA

Tax credit in respect of tax paid on deemed income relating to certain companies

115JB

Special provision for payment of tax by certain companies

115JC

Computation of Adjusted total Income

115JD

Tax credit of AMT

115JE

All the provision of Income Tax shall apply except to the extent otherwise provided in this section, shall apply

115JEE

Application of AMT

115JG

Special provision relating to conversion of Indian branch of a foreign company into subsidiary company

 

 

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

 

 

115O

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 XII-E SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME

 

 

115R

Tax on distributed income to unit holders

115S

Interest payable for non-payment of tax

115T

Unit Trust of India or mutual fund to be an assessee in default

 

 

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

CAPITAL FUNDS

 

 

115U

Tax on income in certain cases

 

 

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

 

 

A. MEANING OF CERTAIN EXPRESSIONS

115V

Definitions

B. COMPUTATION OF TONNAGE INCOME FROM BUSINESS OF OPERATING QUALIFYING SHIPS

115VC

Qualifying company

115VD

Qualifying ship

115VE

Manner of computation of income under tonnage tax scheme


115VF

Tonnage income

115VG

Computation of tonnage income

115VH

Calculation in case of joint operation, etc.

115VI

Relevant shipping income

115VJ

Treatment of common costs

115VK

Depreciation

115VL

General exclusion of deduction and set off, etc.

115VM

Exclusion of loss

115VN

Chargeable gains from transfer of tonnage tax assets

115VO

Exclusion from provisions of section 115JB

C. PROCEDURE FOR OPTION OF TONNAGE TAX SCHEME

115VP

Method and time of opting for tonnage tax scheme

115VQ

Period for which tonnage tax option to remain in force

115VR

Renewal of tonnage tax scheme

D. CONDITIONS FOR APPLICABILITY OF TONNAGE TAX SCHEME

115VT

Transfer of profits to Tonnage Tax Reserve Account

115VU

Minimum training requirement for tonnage tax company

115VV

Limit for charter in of tonnage

115VW

Maintenance and audit of accounts

E. AMALGAMATION AND DEMERGER OF SHIPPING COMPANIES

115VY

Amalgamation

115VZ

Demerger

F. PROVISIONS OF THIS CHAPTER NOT TO APPLY IN CERTAIN CASES

115VZB

Avoidance of tax

115VZC

Exclusion from tonnage tax scheme

 

 

CHAPTER XIII INCOME TAX AUTHORITIES

 

 

A. APPOINTMENT AND CONTROL

116

Income-tax authorities

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

124

Jurisdiction of Assessing Officers

127

Power to transfer cases

129

Change of incumbent of an office

C. POWERS


131

Power regarding discovery, production of evidence, etc.

132

Search and seizure

132A

Powers to requisition books of account, etc.

132(4A)

Presumptions

132B

Application of seized or requisitioned 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

138

Disclosure of information respecting assessee

 

 

CHAPTER XIV PROCEDURE FOR ASESESSMENT

 

 

139

Return of income

139(1)

Due date for filling of return of income

139(1A)

Filling of return by employer

139(1B)

Electronic Return

139(1C)

Power to exempt from filling of return

139(3)

Loss Returns

139(4)

Belated Returns

139(4A)

Returns by Trusts

139(4B)

Return by Political Parties

139(4C)

Return by certain institutions

139(4D)

Return by approve research institutions

139(5)

Revised Return

139(9)

Defective Returns

139A

Permanent account number

139B

Scheme for submission of returns through Tax Return Preparers

139C

Power of Board to dispense with furnishing documents, etc., with the return

139D

Filing of return in electronic form

140

Return by whom to be signed

140A

Self-assessment

142

Inquiry before assessment

142A

Estimate by Valuation Officer in certain cases

143

Assessment

144

Best judgment assessment


144A

Power of Joint Commissioner to issue directions in certain cases

144C

Reference to Dispute Resolution Panel (DRP)

145

Method of accounting

145A

Method of accounting in certain cases

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

153A

Assessment in case of search or requisition

153B

Time limit for completion of assessment under section 153A

153C

Assessment of income of any other person

153D

Prior approval necessary for assessment in cases of search or requisition

154

Rectification of mistake

155

Other amendments

156

Notice of demand

157

Intimation of loss

158

Intimation of assessment of firm

 

 

CHAPTER - XIV-A SPECIAL PROVISIONS FOR AVOIDING REPETITIVE APPEALS

 

 

158A

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

 

 

CHAPTER XV LIABILITY IN SPECIAL CASES

A. LEGAL REPRESENTATIVES

159

Legal representatives

B. REPRESENTATIVE ASSESEES- GENERAL PROVISIONS

160

Representative assessee

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

D. REPRESENTATIVE ASSESSEES-MISCELLENEOUS PROVISIONS

167

Remedies against property in cases of representative assesses

DD. FIRMS AOP AND BOI


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 OF 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 OCCASSIONAL 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

JA. AOP BOI OR ARTIFICIAL JURIDICAL PERSONS FORMED FOR A PARTICULAR EVENT OR PURPOSE

174A

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

175

Assessment of persons likely to transfer property to avoid tax

L. DISCONTINUANCE OF BUSINESS OR DISSOLUTION

176

Discontinued business

177

Association dissolved or business discontinued

178

Company in liquidation

M. PRIVATE COMPANIES

179

Liability of directors of private company in liquidation

 

 

CHAPTER – XVI SPECIAL PROVISIONS APPLICABLE TO FIRMS

 

 

A. ASSESSMENT OF FIRMS

184

Assessment as a firm

185

Assessment when section 184 not complied with

B. 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

 

 

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

193

Interest on securities

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 or brokerage

194I

Rent

194J

Fees for professional or technical services

194LA

Compensation on acquisition of certain immovable property

194LB

Interest from infrastructure debt fund

194LC

Interest payable by specified Indian company

195

Other sums

195(7)

CBDT power to issue notification to specify a class or person or cases in which payer will have to apply to AO to determine the

appropriate proportion of sum chargeable and then payer will deduct tax on such proportion

195A

Income payable “net of tax”

196

Interest or dividend or other sums payable to Government, Reserve Bank or certain corporations

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

199

Credit for tax deducted

200

Duty of person deducting tax

200A

Processing of statements of tax deducted at source

201

Consequences of failure to deduct or pay

203

Certificate for tax deducted

203A

Tax deduction and collection account number


203AA

Furnishing of statement of tax deducted

204

Meaning of “person responsible for paying”

205

Bar against direct demand on assessee

206A

Furnishing of quarterly return in respect of payment of interest to residents without deduction of tax

206AA

Compulsory quotation of PAN

 

 

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

210

Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer

211

Instalments of advance tax and due dates

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

226

Other modes of recovery

227

Recovery through State Government

228A

Recovery of tax in pursuance of agreements with foreign countries

229

Recovery of penalties, fine, interest and other sums

230

Tax clearance certificate

232

Recovery by suit or under other law not affected

E. OMITTED

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

234D

Interest on excess refund

234E

Fees for default in TDS / TCS statements

 

 

CHAPTER XIX REFUNDS

 

 

237

Refunds


238

Person entitled to claim refund in certain special cases

239

Form of claim for refund and limitation

240

Refund on appeal, etc.

242

Correctness of assessment not to be questioned

244A

Interest on refunds

245

Set off of refunds against tax remaining payable

 

 

CHAPTER XIXA SETTLEMENT OF CASES

 

 

245A

Definitions

245B

Income-tax Settlement Commission

245BA

Jurisdiction and powers of Settlement Commission

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

245F

Powers and procedure of Settlement Commission

245H

Power of Settlement Commission to grant immunity from prosecution and penalty

245HA

Abatement of proceeding before Settlement Commission

245HAA

Credit for tax paid in case of abatement of proceedings

245I

Order of settlement to be conclusive

245J

Recovery of sums due under order of settlement

245K

Bar on subsequent application for settlement

245L

Proceedings before Settlement Commission to be judicial proceedings

 

 

CHAPTER XIX-B ADVANCE RULINGS

 

 

245N

Definitions

245O

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 DEPUTY COMMISSIONER/COMMISSIONER [APPEALS]

246A

Appealable orders before Commissioner (Appeals)

248

Appeal by person denying liability to deduct tax in certain cases

249

Form of appeal and limitation

250

Procedure in appeal

B. APPEALS TO APPELATE TRIBUNAL

252

Appellate Tribunal

253

Appeals to the Appellate Tribunal

254

Orders of Appellate Tribunal

255

Procedure of Appellate Tribunal

C.    APPEALS TO HIGH COURT

260A

Appeal to High Court

D. APPELS TO SUPREME COURT

261

Appeal to Supreme Court

262

Hearing before Supreme Court

E. REVISION BY COMMISSIONER

263

Revision of orders prejudicial to revenue

264

Revision of other orders

F. GENERAL

268A

Filling of appeal to Income Tax Authority

 

 

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 loans or deposits

 

 

CHAPTER XXI PENALTIES IMPOSABLE

 

 

271

Failure to furnish returns, comply with notices, concealment of income, etc.

271A

Failure to keep, maintain or retain books of account, documents, etc.

271AA

Penalty for failure to keep and maintain information and document in respect of international transaction

271AAA

Penalty where search has been initiated

271AAB

Penalty in search cases

271B

Failure to get accounts audited

271BA

Penalty for failure to furnish report under section 92E

271C

Penalty for failure to deduct tax at source


271CA

Penalty for failure to collect 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

271FA

Penalty for failure to furnish annual information return

271G

Penalty for failure to furnish information or document under section 92D

271H

Penalty for failure to furnish TDS/TCS statements within prescribed time & furnishing inaccurate information in TDS/TCS statements

272A

Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc.

272AA

Penalty for failure to comply with the provisions of section 133B

272B

Penalty for failure to comply with the provisions of section 139A

272BB

Penalty for failure to comply with the provisions of section 203A

273A

Power to reduce or waive penalty, etc., in certain cases

273AA

Power of commissioner to grant immunity from penalty

273B

Penalty not to be imposed in certain cases

274

Procedure

275

Bar of limitation for imposing penalties

 

 

CHAPTER XXII OFFENCES AND PROSECUTION

 

 

275A

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

275B

Failure to comply with the provisions of clause (iib) of sub-section (1) 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

276B

Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B

276BB

Failure to pay the tax collected at source

276C

Wilful attempt to evade tax, etc.

276CC

Failure to furnish returns of income

276D

Failure to produce accounts and documents

277

False statement in verification, etc.

277A

Falsification of books of account or document, etc.

278

Abetment of false return, etc.

278A

Punishment for second and subsequent offences

278AA

Punishment not to be imposed in certain cases

278AB

Immunity when Settlement proceeding abate

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

280A/B/C

Special courts can be constituted for trial of offences

 

 

CHAPTER XXIII MISCELLENEOUS

 

 

281

Certain transfers to be void

281B

Provisional attachment to protect revenue in certain cases

282

Service of notice generally

282A

Authentication of notice and other documents

283

Service of notice when family is disrupted or firm, etc., is dissolved

285

Submission of statement by non-resident having liaison office

285B

Submission of statements by producers of cinematograph films

285BA

Obligation to furnish annual information return

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 amount payable and refund due

289

Receipt to be given

290

Indemnity

292

Cognizance of offences

292B

Return of income, etc., not to be invalid on certain grounds

292BB

Notice demand to be valid in certain circumstances

292C

Presumption as to assets, books of account, etc.

292CC

Authorisation and assessment in case of search or requisition

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

295

Power to make rules

298

Power to remove difficulties

 

 

SCHEDULES TO THE ACT

 

 

I

Insurance Business

II

Procedure for Recovery of Tax

III

Procedure for Distraint by AO/TRO

IV

A. RPF  B. Approved Superannuation Funds C. Approved Gratuity Funds


V

List of Articles and Things

VI

Omitted

VII

A. Materials B. Groups of Associated Minerals

VIII

List of Industrially Backward States & UT

IX

Omitted

X

Omitted

XI

List of Articles or Things

XII

Processed Minerals or Ores

XIII

List of Articles or Things

XIV

List of Articles or Things or Operations

 

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