Contents of Volume 6
The Income-tax Act, 1961
(43 of 1961)
ARRANGEMENT OF SECTIONS
CHAPTER XXIIA : ANNUITY DEPOSITS
SECTION PAGE
280A. [Omitted] ... 9138
280B. [Omitted] ... 9138
280C. [Omitted] ... 9139
280D. [Omitted] ... 9140
280E. [Omitted] ... 9142
280F. [Omitted] ... 9143
280G. [Omitted] ... 9144
280H. [Omitted] ... 9144
280-I. [Omitted] ... 9144
280J. [Omitted] ... 9145
280K. [Omitted] ... 9145
280L. [Omitted] ... 9145
280M. [Omitted] ... 9145
280N. [Omitted] ... 9146
280-O. [Omitted] ... 9146
280P. [Omitted] ... 9147
280Q. [Omitted] ... 9147
280R. [Omitted] ... 9147
280S. [Omitted] ... 9148
280T. [Omitted] ... 9148
SECTION PAGE
280U. [Omitted] ... 9148
280V. [Omitted] ... 9149
280W. [Omitted] ... 9149
280X. [Omitted] ... 9149
CHAPTER XXIIB : TAX CREDIT CERTIFICATES
SECTION PAGE
280Y. [Omitted] ... 9175
280Z. [Omitted] ... 9175
280ZA. [Omitted] ... 9180
280ZB. [Omitted] ... 9183
280ZC. [Omitted] ... 9189
280ZD. [Omitted] ... 9197
280ZE. [Omitted] ... 9201
CHAPTER XXIII : MISCELLANEOUS
SECTION PAGE
281. Certain transfers to be void ... 9209
281A. Effect of failure to furnish information in respect of properties held benami‡
... 9221
281B. Provisional attachment to protect revenue in certain cases ... 9225
282. Service of notice generally ... 9235
283. Service of notice when family is disrupted or firm, etc., is dissolved
... 9259
284. Service of notice in the case of discontinued business ... 9261
285. [Omitted] ... 9261
285A. [Omitted] ... 9262
285B. Submission of statements by producers of cinematograph films
... 9267
286. [Omitted] ... 9270
287. Publication of information respecting assessees ... 9271
287A. Appearance by registered valuer in certain matters ... 9274
288. Appearance by authorised representative ... 9275
SECTION PAGE
288A. Rounding off of income ... 9296
288B. Rounding off of tax, etc. ... 9297
289. Receipt to be given ... 9302
290. Indemnity ... 9302
291. Power to tender immunity from prosecution ... 9302
292. Cognisance of offences ... 9303
292A. Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply
... 9303
292B. Return of income, etc., not to be invalid on certain grounds
... 9308
293. Bar of suits in civil courts ... 9311
293A. Power to make exemption, etc., in relation to participation in the business of prospecting for, extraction, etc., of mineral oils
... 9327
293B. Power of Central Government or Board to condone delays in obtaining approval
... 9334
294. Act to have effect pending legislative provision for charge of tax
... 9335
294A. Power to make exemption, etc., in relation to certain
Union territories
... 9335
295. Power to make rules ... 9338
296. Rules and certain notifications to be placed before Parliament ... 9390
297. Repeals and savings ... 9394
298. Power to remove difficulties ... 9429
SCHEDULES
The First Schedule ... 9436
The Second Schedule ... 9440
The Third Schedule ... 9467
The Fourth Schedule ... 9467
The Fifth Schedule ... 9483
The Sixth Schedule [Omitted] ... 9485
The Seventh Schedule ... 9487
The Eighth Schedule [Omitted] ... 9489
The Ninth Schedule [Omitted] ... 9492
The Tenth Schedule [Omitted] ... 9494
The Eleventh Schedule ... 9498
The Twelfth Schedule ... 9500
The Income-tax Rules, 1962
PART I: PRELIMINARY
RULE PAGE
1. Short title and commencement ... 9529
2. Definitions ... 9529
PART II : DETERMINATION OF INCOME
A.—Salaries
RULE PAGE
2A. Limits for the purposes of section 10(13A) ... 9529
2B. Conditions for the purpose of section 10(5) ... 9531
2BA. Guidelines for the purposes of section 10(10C) ... 9533
2BB. Prescribed allowances for the purposes of clause (14) of
section 10
... 9535
2BC. Amount of annual receipts for the purposes of sub-clauses (iiiad) and (iiiae) of clause (23C) of section 10
... 9553
2C. Application under section 10(23) and under sub-clauses (iv) and (v) of section 10(23C)
... 9554
2CA.1 Guidelines for approval under sub-clauses (vi) and (via) of clause (23C) of section 10
... 9554
2D. Guidelines for approval under clause (23F) of section 10 ... 9555
2DA. Guidelines for approval under clause (23FA) of section 10 ... 9557
2E. Guidelines for approval under clause (23G) of section 10 ... 9559
3.2 Valuation of perquisites ... 9560
3A. Exemption of medical benefits from perquisite value in respect of medical treatment of prescribed diseases or ailments in hospitals approved by the Chief Commissioner
... 9567
B.—Income from house property
4.1 Unrealised rent ... 9570
C.—Profits and gains of business or profession
5. Depreciation ... 9571
RULE PAGE
5A. Prescribed authority for investment allowance ... 9573
5AA. [Omitted] ... 9573
5AB. Report of audit of accounts to be furnished under section 32AB(5)
... 9574
5AC. Report of audit of accounts to be furnished under section 33AB(2)
... 9574
5AD. Report of audit of accounts to be furnished under section 33ABA(2)
... 9574
5B. Development rebate ... 9574
6.3 Prescribed authority for expenditure on scientific research ... 9575
6A. [Omitted] ... 9579
6AA. [Omitted] ... 9579
6AAA. Prescribed authority for the purposes of sections 35CC and 35CCA
... 9580
6AAB. [Omitted] ... 9581
6AAC. Prescribed authority for the purposes of section 35CCB ... 9581
6AB. Form of audit report for claiming deductions under sections 35D and 35E
... 9581
6ABA. Computation of aggregate average advances for the purposes of clause (viia) of sub-section (1) of section 36
... 9581
6ABB. Form of report for claiming deduction under clause (xi) of sub-section (1) of section 36
... 9582
6AC. [Omitted] ... 9582
6B. [Omitted] ... 9582
6C. [Omitted] ... 9583
6D. [Omitted] ... 9583
6DD. Cases and circumstances in which payment in a sum exceeding twenty thousand rupees may be made otherwise then by a crossed cheque drawn on a bank or by a crossed bank draft
... 9584
6E. Limits of reserve for unexpired risks ... 9588
6EA. Prescribed categories of bad or doubtful debts for the purposes of section 43D [(w.e.f. 1-4-2000) 43D(a)]
... 9589
6EB. Categories of bad or doubtful debts in the case of a public company under clause (b) of section 43D
... 9591
CC.—Books of account
6F. Books of account and other documents to be kept and maintained under section 44AA(3) by persons carrying on certain professions
... 9592
CCC.—Reports of audit of accounts of persons
carrying on business or profession
RULE PAGE
6G. Report of audit of accounts to be furnished under section 44AB
... 9594
CCCC.—Reports in the case of slump sale
6H. Form of report of an accountant under sub-section (3) of section 50B
... 9595
D.—Special cases
7. Income which is partially agricultural and partially from business
... 9595
7A. Income from the manufacture of rubber ... 9596
7B. Income from the manufacture of coffee ... 9596
8. Income from the manufacture of tea ... 9597
8A. Conditions for the grant of development allowance ... 9597
9. Royalties or copyright fees, etc., for literary or artistic work ... 9598
9A. Deduction in respect of expenditure on production of feature films
... 9599
9B. Deduction in respect of expenditure on acquisition of distribution rights of feature films
... 9605
9C. Conditions for carrying forward or set-off of accumulated loss and unabsorbed depreciation allowance in case of amalgamation
... 9608
10. Determination of income in the case of non-residents ... 9609
10A. Meaning of expressions used in computation of arm’s length price
... SP 4
10B. Determination of arm’s length price under section 92C ... SP 4
10C. Most appropriate method ... SP 8
10D. Information and documents to be kept and maintained under section 92D ... SP 8
10E. Report from an accountant to be furnished under section 92E ... SP 11
11. Determination of income from transactions with non-residents [to be omitted, w.e.f. 21-8-2001, see, STOP PRESS, page 12]
... 9610
E.—Deductions to be made in computing total income
11A. Permanent physical disability or mental retardation specified for the purposes of section 80DD
... 9610
11AA. Requirements for approval of an institution or fund under section 80G
... 9611
RULE PAGE
11B. Conditions for allowance for deduction under section 80GG ... 9612
11B. Condition for allowance of deduction under section 80GG ... 9612
11C. Prescribed fields for the purposes of deduction in respect of remuneration received from foreign employers or Indian concerns under section 80RRA
... 9613
11D. Permanent physical disability or mental retardation specified for the purposes of section 80U
... 9613
11DD. Prescriptions for the purposes of section 80DDB ... 9614
11E. [Omitted] ... 9615
11EA. Guidelines for specifying industrially backward districts for the purpose of deduction under sub-section (5) of section 80-IB
... 9615
EE.—Statement under the simplified procedure for taxation of
retail traders, etc., under Chapter XII-C
11EE. [Omitted] ... 9616
F.—National Committee for Promotion of Social and Economic Welfare
RULE PAGE
11F. General ... 9617
11G. Composition of the National Committee ... 9617
11H. Headquarters and Secretariat ... 9617
11-I. Functions ... 9617
11J. Guidelines for approval of associations and institutions ... 9618
11K. Guidelines for recommending projects or schemes ... 9618
11L. Application for approval of an association or institution or for recommendation of a project or scheme by the National Committee
... 9620
11M. Procedure before the National Committee ... 9621
11N. Other provisions ... 9622
11-O. Certificate of payment or expenditure in respect of eligible projects or schemes notified under section 35AC
... 9626
PART III : ASSESSMENT PROCEDURE
RULE PAGE
12.4 Return of income ... 9627
12A. Preparation of return by authorised representative ... 9630
12B. Statement under sub-section (3A) of section 115R ... 9630
12C. Statement under sub-section (2) of section 115U ... 9630
RULE PAGE
13. [Omitted] ... 9631
14. Form of verification under section 142 ... 9631
14A. Form of audit report under section 142(2A) ... 9631
14B. [Omitted] ... 9631
15. Notice of demand for regular assessment, etc. ... 9631
PART IIIA : AVOIDANCE OF REPETITIVE APPEALS
RULE PAGE
16. Declaration under section 158A ... 9632
PART IV : TAX EXEMPTIONS AND RELIEFS
RULE PAGE
16A. Prescribed authority for approving any institution or body established for scientific research
... 9632
16B. Prescribed authority for the purposes of clauses (8A) and (8B) of section 10
... 9633
16C. Requirements for approval of a fund under section 10(23AAA)
... 9633
16D. Form of report for claiming deduction under section 10A ... 9633
16E. Form of report for claiming deduction under section 10B ... 9634
17. Notice for accumulation of income by charitable or religious trust or institution or association referred to in sub-sections‡ (21) and (23) of section 10
... 9634
17A. Application for registration of charitable or religious trusts, etc. ... 9634
17B. Audit report in the case of charitable or religious trusts, etc. ... 9635
17C. Forms or modes of investment or deposits by a charitable or religious trust or institution
... 9635
17D. Prescribed foreign projects for the purposes of deduction in respect of profits and gains from project outside India under section 80HHB
... 9636
18. [Omitted] ... 9636
18A. [Omitted] ... 9636
18AA. [Omitted] ... 9636
18AAA. Prescribed authority for approval of a university or any educational institution of national eminence for the purpose of section 80G
... 9636
18AAB. Prescribed authority for approval of companies engaged in scientific and industrial research and development for the purposes of section 80-IA
... 9637
RULE PAGE
18B. Form of audit report for claiming deduction under section 80HH
... 9637
18BB. Form of audit report for claiming deduction under section 80HHA
... 9637
18BBA. Form of reports for claiming deduction under section 80HHB or under section 80HHC or under section 80HHD and prescribed authority under section 80HHD
... 9637
18BBB. Form of audit report for claiming deduction under section 80-I or section 80-IA
... 9639
18BBC. Prescribed authority for approval of hotels located in certain areas
... 9639
18BBD. Prescribed authority for approval of companies carrying on scientific and industrial research and development
... 9640
18BBE. Computation of profits of certain activities forming integral part of a highway project for the purpose of section 80-IA
... 9640
18C. Eligibility of industrial parks for benefits under section 80-IA(4D) of the Income-tax Act, 1961
... 9641
18D. Prescribed authority for approval of companies carrying on scientific research and development
... 9641
18DA. Prescribed conditions for deduction under sub-section (8A) of section 80-IB
... 9642
19. [Omitted] ... 9643
19A. [Omitted] ... 9644
19AB. Form of report for claiming deduction under section 80JJAA
... 9645
20. Guidelines for approval under clause (xvi) of sub-section (2) of section 88
... 9645
20A. Guidelines for approval under clause (xvii) of sub-section (2) of section 88
... 9646
21. [Omitted] ... 9647
21A. Relief when salary is paid in arrears or in advance, etc. ... 9647
21AA. Furnishing of particulars for claiming relief under section 89(1)
... 9650
21B. [Omitted] ... 9650
PART V : REGISTRATION OF FIRMS
RULE PAGE
22. Application for registration of a firm ... 9651
23. Intimation regarding subsequent changes in constitution, etc.
... 9652
24. Declaration for continuation of registration ... 9653
RULE PAGE
24A. Communication regarding partner who is a benamidar ... 9653
25. Certificate of registration ... 9653
PART VI : DEDUCTION OF TAX AT SOURCE
RULE PAGE
26. Rate of exchange for the purpose of deduction of tax at source on income payable in foreign currency
... 9654
26A.5 Furnishing of particulars of income under the head “Salaries” received from other employer(s) for deduction of tax at source
... 9654
26B. Furnishing of particulars of income under heads of income other than “Salaries” for deduction of tax at source
... 9654
27. Prescribed arrangements for declaration and payment of dividends within India
... 9655
28. Application for certificates for deduction of tax at lower rates
... 9655
28A. [Omitted] ... 9656
28AA. Certificate of no deduction of tax or deduction at lower rates from income other than dividends
... 9656
29. Certificate of no deduction of tax or deduction at lower rates from dividends
... 9657
29A. Form of certification to be filed with the return of income for claiming deduction under sections 80R, 80RR and 80RRA
... 9658
29AA. Certificate for the purposes of the second proviso to section 80-O
... 9658
29B. Application for certificate authorising receipt of interest and other sums without deduction of tax
... 9658
29C. Declaration by person claiming receipt of certain incomes without deduction of tax
... 9660
30. Time and mode of payment to Government account of tax deducted at source
... 9661
30A. Credit for tax deducted at source to a person other than the shareholder in certain circumstances
... 9665
31. Certificate of tax deducted at source ... 9667
32. [Omitted] ... 9670
33. Return of deduction of tax from contributions paid by the trustees of an approved superannuation fund
... 9671
34. [Omitted] ... 9671
RULE PAGE
35. [Omitted] ... 9671
36. Prescribed persons for section 206 ... 9671
36A. Income-tax authority for purposes of section 206 ... 9673
37. Prescribed returns regarding tax deducted at source under section 206
... 9674
37A. Returns regarding tax deducted at source in the case of non-residents
... 9676
37AA. [Omitted] ... 9677
37B. Returns regarding tax deducted at source on computer media under sub-section (2) of section 206
... 9677
PART VIA : COLLECTION OF TAX AT SOURCE
RULE PAGE
37C. Certificate for no collection of tax at source under section 206C(1)
... 9678
37D. Certificate for collection of tax at source under section 206C(5)
... 9679
37E. Prescribed returns regarding tax collected at source under section 206C(5A)
... 9679
37EA. Returns regarding tax collected at source on computer media under sub-section (5B) of section 206C
... 9680
37F. Income-tax authority for purposes of section 206C(5A) ... 9680
37G. Application for certificate for collection of tax at lower rates under sub-section (9) of section 206C
... 9681
37H. Certificate for collection of tax at lower rates from buyer under sub-section (9) of section 206C
... 9681
PART VII : PAYMENT OF ADVANCE TAX
RULE PAGE
38. Notice of demand ... 9681
38A. [Omitted] ... 9681
39. Intimation of advance tax ... 9682
40. Waiver of interest ... 9682
PART VIIA : TAX CREDIT
RULE PAGE
40A. [Omitted] ... 9682
PART VIIB
RULE PAGE
40B. Special provision for payment of tax by certain companies ... 9683
PART VIII : REFUNDS
RULE PAGE
41. Refund claim ... 9683
PART IX : TAX CLEARANCE CERTIFICATES
RULE PAGE
42. Application for tax clearance certificate ... 9683
43. Form of certificate ... 9683
44. Production of certificate ... 9684
44A. Application for tax clearance certificate for registration of documents in certain cases
... 9684
44B. Grant of tax clearance certificate or refusal ... 9684
PART IXA : SETTLEMENT OF CASES
RULE PAGE
44C. Form of application for settlement of case ... 9684
44CA. Disclosure of information in the application for settlement of cases
... 9685
44D. Fee for furnishing copy of report ... 9685
PART IXB : ADVANCE RULINGS
RULE PAGE
44E. Form of application for obtaining an advance ruling ... 9685
44F. Certification of copies of the advance rulings pronounced by the authority
... 9687
PART X : APPEALS
RULE PAGE
45. Form of appeal to Commissioner (Appeals) ... 9687
46. Mode of service ... 9688
46A. Production of additional evidence before the Deputy Commissioner (Appeals) and Commissioner (Appeals)
... 9688
47. Form of appeal and memorandum of cross-objections to Appellate Tribunal
... 9689
48. Form of application for reference to High Court ... 9689
PART XA : ANNUITY DEPOSITS
RULE PAGE
48A. [Omitted] ... 9689
48B. [Omitted] ... 9689
48C. [Omitted] ... 9689
PART XB : ACQUISITION OF IMMOVABLE PROPERTIES
UNDER CHAPTER XXA
RULE PAGE
48D. Jurisdiction of competent authorities ... 9690
48DD. Statement to be registered with the competent authority under section 269AB
... 9690
48E. Manner of publication of notice for acquisition ... 9691
48F. Form of appeal to the Appellate Tribunal ... 9691
48G. Statement to be furnished in respect of transfers of immovable property
... 9691
48H. Form of fortnightly return to be forwarded by registering officer to the competent authority
... 9691
PART XC : PURCHASE OF IMMOVABLE PROPERTIES UNDER
CHAPTER XXC
RULE PAGE
48-I. Rate of interest for determination of discounted value of consideration
... 9691
48-J. Jurisdiction of appropriate authority ... 9691
48K. Value of immovable property ... 9692
48L. Statement to be furnished under section 269UC(3) ... 9693
PART XI : AUTHORISED REPRESENTATIVES
RULE PAGE
49. Definitions ... 9693
50. Accountancy examinations recognised ... 9694
51. Educational qualifications prescribed ... 9694
52. Prescribed authority for section 288(5)(b) ... 9695
53. Register of income-tax practitioners ... 9695
54. Application for registration ... 9695
55. Certificate of registration ... 9695
56. Cancellation of certificate ... 9696
RULE PAGE
57. Cancellation of certificate obtained by misrepresentation ... 9696
58. Removal of name of authorised income-tax practitioner who is insolvent or on whom penalty has been imposed
... 9696
59. Prescribed authority to order an inquiry ... 9696
60. Charge-sheet ... 9696
61. Inquiry Officer ... 9697
62. Proceedings before Inquiry Officer ... 9697
63. Order of the prescribed authority ... 9697
64. Procedure if no Inquiry Officer appointed ... 9697
65. Change of Inquiry Officer ... 9697
66. Powers of prescribed authority and Inquiry Officer ... 9698
PART XII : RECOGNISED PROVIDENT FUNDS
RULE PAGE
67. Investment of fund moneys ... 9698
67A. Nomination ... 9704
68. Circumstances in which withdrawals may be permitted ... 9704
69. Conditions for withdrawal for various purposes ... 9707
70. Second withdrawal ... 9711
71. Repayment of amounts withdrawn ... 9712
72. Amount withdrawn but not repaid may be deemed as income
... 9713
73. Withdrawal within twelve months before retirement ... 9714
74. Accounts ... 9714
75. Limits for contributions ... 9715
76. Penalty for assigning or creating a charge on beneficial interest
... 9715
77. Application for recognition ... 9715
78. Order of recognition ... 9716
79. Withdrawal of recognition ... 9717
80. Exemption from tax when recognition withdrawn ... 9717
81. Appeal ... 9717
PART XIII : APPROVED SUPERANNUATION FUNDS
RULE PAGE
82. Definitions ... 9717
83. Establishment of fund and trust ... 9717
RULE PAGE
84. Conditions regarding trustees ... 9717
85. Investment of fund moneys ... 9718
86. Admission of directors to a fund ... 9718
87. Ordinary annual contributions ... 9718
88. Initial contributions ... 9718
89. Scheme of insurance or annuity ... 9719
90. Commutation of annuity ... 9720
91. Beneficiary not to have any interest in insurance and employer not to have any interest in fund’s moneys
... 9720
92. Penalty if employee assigns or charges interest in fund ... 9720
93. Arrangements on winding up, etc., of business ... 9720
94. Arrangements for winding up, etc., of fund ... 9720
95. Application for approval ... 9721
96. Amendment of rules, etc., of fund ... 9721
97. Appeal ... 9721
PART XIV: APPROVED GRATUITY FUNDS
RULE PAGE
98. Definitions ... 9721
99. Establishment of fund and trust ... 9722
100. Conditions regarding trustees ... 9722
101. Investment of fund moneys ... 9722
101A. Nomination ... 9722
102. Admission of directors to a fund ... 9723
103. Ordinary annual contributions ... 9723
104. Initial contributions ... 9724
105. Penalty if employee assigns or charges interest in fund ... 9724
106. Employer not to have interest in fund moneys ... 9724
107. Arrangements for winding up, etc., of business ... 9724
108. Arrangements for winding up of the fund ... 9724
109. Application for approval ... 9724
110. Amendment of rules, etc., of fund ... 9725
111. Appeal ... 9725
PART XV : MISCELLANEOUS
RULE PAGE
111A. [Omitted] ... 9725
RULE PAGE
111AA. Conditions for reference to Valuation Officers ... 9725
111AB. Form of report of valuation by registered valuer ... 9725
111B. Publication and circulation of Board’s orders ... 9725
112. Search and seizure ... 9726
112A. Inquiry under section 132 ... 9730
112B. Release of articles under section 132(5) ... 9731
112C. Release of remaining assets ... 9731
112D. Requisition of books of account, etc. ... 9732
112E. Information required to be furnished under section 133B ... 9733
113. Disclosure of information respecting assessees ... 9733
114. Application for allotment of a permanent account number ... 9733
114A. Application for allotment of a tax deduction account number
... 9734
114B. All documents pertaining to the transactions in relation to which Permanent Account Number or General Index Register Number to be quoted for the purpose of clause (c) of sub-section (5) of section 139A
... 9735
114C. Class or classes of persons to whom provisions of section 139A shall not apply
... 9736
114D. Time and manner in which persons referred to in sub-rule (2) of rule 114C shall intimate the details of transaction to the Director of Income-tax (Investigation)
... 9737
115. Rate of exchange for conversion into rupees of income expressed in foreign currency
... 9738
115A. Rate of exchange for conversion of rupees into foreign currency and reconversion of foreign currency into rupees for the purpose of computation of capital gains under the proviso‡ to clause (a) of sub-section (1) of section 48 of the Income-tax Act, 1961
... 9739
116. [Omitted] ... 9740
117. [Omitted] ... 9740
117A. Reduction or waiver of interest payable under section 139 ... 9741
117B. Form of statement under section 222 or section 223 ... 9741
118. [Omitted] ... 9741
119. [Omitted] ... 9742
119A. Procedure to be followed in calculating interest ... 9742
120. [Omitted] ... 9743
RULE PAGE
121. [Omitted] ... 9743
121A. Form of statement to be furnished by producer of cinematograph films
... 9743
122. [Omitted] ... 9743
123. Application for obtaining certified copies of certain notices
... 9743
124. Fees for obtaining certified copy of notice ... 9743
125. [Omitted] ... 9744
APPENDIX I
Table of rates at which depreciation is admissible ... 9745
[Effective from assessment year 1988-89 onwards]
OLD APPENDIX I
PART I
Table of rates at which depreciation is admissible ... 9752
[Effective for assessment year 1984-85 to assessment year 1987-88]
PART II
Expectation of life in the case of a steamer or motor vessel purchased second-hand
... 9763
APPENDIX I-A
Table of rates at which depreciation is admissible ... 9764
APPENDIX II
FORMS
FORM NO. PAGE
1.1 Return of income—For companies other than those claiming exemption under section 11
... 9770
2.1 Return of income—For assessees (other than companies and those claiming exemption under section 11) whose total income includes “Profits and gains of business or profession”
... 9788
2A.1 Income-tax return form for resident individuals and Hindu undivided families, who do not have income from business or profession and whose total income does not exceed two lakh rupees
... 9808
FORM NO. PAGE
2B.2 Return of income—For block assessment ... 9810
2C.2 Return of income—Income-tax return form for assessees, who fulfil the conditions specified in the first proviso to sub-section (1) of section 139 of the Income-tax Act, 1961
... 9817
2D.2 Return of income—Income-tax return form for non-corporate assessees other than persons claiming exemption under section 11
... 9820
3.2 Return of income—For assessees (other than companies and those deriving income from property held for charitable and religious purposes claiming exemption u/s. 11) whose total income does not include “Profits and gains of business or profession”
... 9823
3A.2 Return of income—For assessees (including companies) claiming exemption under section 11
... 9835
3AA. Audit report under section 32AB(5) of the Income-tax Act, 1961, in a case where the accounts of the business or profession of a person have been audited under any other law
... 9851
3AB. [Omitted] ... 9854
3AC. Audit report under section 33AB(2) ... 9854
3AD. Audit report under section 33ABA(2) ... 9857
3B. Audit report under section 35D(4)/35E(6) of the Income-tax Act, 1961
... 9860
3BA. Report under section 36(1)(xi) of the Income-tax Act, 1961 ... 9862
3C. Form of Daily Case Register ... 9864
3CA. Audit report under section 44AB of the Income-tax Act, 1961, in a case where the accounts of the business or profession of a person have been audited under any other law
... 9864
3CB. Audit report under section 44AB of the Income-tax Act, 1961, in the case of a person referred to in clause (b) of sub-rule (1) of rule 6G
... 9865
3CC. [Omitted] ... 9866
3CD. Statement of particulars required to be furnished under section 44AB of the Income-tax Act, 1961
... 9866
3CE. [Omitted] ... 9873
3CEA.2 Report of an accountant to be furnished by an assessee under sub-section (3) of section 50B of the Income-tax Act, 1961, relating to computation of capital gains in case of slump sale
... 9874
3CEB.2 Report from an accountant to be furnished under section 92E relating to International transaction(s)
... 9875
FORM NO. PAGE
3CF. Application form from scientific and industrial research organisations for approval under section 35 of the Income-tax Act, 1961
... 9875
3CG. Application for approval of scientific research programme under section 35(2AA) of the Income-tax Act, 1961
... 9878
3CH.3 Order of approval of scientific research programme under section 35(2AA) of the Income-tax Act, 1961
... 9879
3CI.3 Receipt of payment for carrying out scientific research under section 35(2AA) of the Income-tax Act, 1961
... 9880
3CJ.3 Report to be submitted by the prescribed authority to the Director-General (Income-tax Exemptions) after approval of scientific research programme under section 35(2AA) of the Income-tax Act, 1961
... 9881
3CK. Application form for entering into an agreement with the Department of Scientific and Industrial Research for co-operation in in-house Research and Development facility and for audit of the accounts maintained for that facility
... 9882
3CL. Report to be submitted by the prescribed authority to the Director-General (Income-tax Exemptions) under section 35(2AB) of the Income-tax Act, 1961
... 9885
3CM. Order of approval of in-house Research and Development facility under section 35(2AB) of the Income-tax Act, 1961
... 9886
4. Notice of commencement of planting/replanting Tea Bushes ... 9886
4A. [Omitted] ... 9887
4B. [Omitted] ... 9887
5. Certificate of planting/replanting tea bushes ... 9888
5A. Statement of particulars for purposes of section 33A relating to (a) planting of tea bushes on land not planted at any time with tea bushes, or on land which had been previously abandoned; (b) re-planting of tea bushes in replacement of tea bushes that have died or have become permanently useless, on any land already planted
... 9890
6.‡ Application for extension of the date for furnishing a return of income under section 139 of the Income-tax Act, 1961
... 9891
6A.‡ Application under section 143(2)(a) objecting to the assessment made under section 143(1)
... 9891
6B. Audit report under section 142(2A) of the Income-tax Act, 1961
... 9892
7. Notice of demand under section 156 of the Income-tax Act, 1961
... 9895
8. Declaration under section 158A(1) of the Income-tax Act, 1961, to be made by an assessee claiming that indentical question of law is pending before the High Court or the Supreme Court
... 9897
FORM NO. PAGE
9. Application for grant of approval or continuance thereof to a fund under section 10(23AAA) of the Income-tax Act, 1961
... 9898
10. Notice to the Assessing Officer/Prescribed authority under section 11(2) of the Income-tax Act, 1961
... 9899
10A. Application for registration of charitable or religious trust or institution under section 12A(a) of the Income-tax Act, 1961
... 9900
10B. Audit report under section 12A(b) of the Income-tax Act, 1961, in the case of charitable or religious trusts or institutions
... 9901
10BA. Declaration to be filed by the assessee claiming deduction under section 80GG
... 9904
10C. Audit report under section 80HH of the Income-tax Act, 1961
... 9904
10CC. Audit report under section 80HHA of the Income-tax Act, 1961
... 9905
10CCA. Audit report under section 80HHB of the Income-tax Act, 1961
... 9906
10CCAA. Audit report under section 80HHBA of the Income-tax Act, 1961
... 9907
10CCAB. Certificate to be issued by Export House/Trading House to the supporting manufacturer for purposes of clause (b) of sub-section (4A) of section 80HHC
... 9908
10CCAC. Report under section 80HHC(4)/80HHC(4A) of the Income-tax Act, 1961
... 9909
10CCAD. Report under section 80HHD of the Income-tax Act, 1961 ... 9911
10CCAE. Certificate from a person making payment to an assessee, engaged in the business of a hotel, or of a tour operator or of a travel agent, out of Indian currency obtained by conversion of foreign exchange received from or on behalf of a foreign tourist or a group of tourists
... 9912
10CCAF. Report under section 80HHE(4)/80HHE(4A) of the Income-tax Act, 1961
... 9913
10CCAG Certificate to be issued by exporting company to the supporting software developer for the purposes of clause (ii) of sub-section (4A) of section 80HHE
... 9915
10CCAH. Certificate under clause (ia) of sub-section (3) of section 80HHB of the Income-tax Act, 1961
... 9917
10CCAI. Report under section 80HHF(4) of the Income-tax Act, 1961
... 9918
10CCB. Audit report under section 80-I or of section 80-IA of the Income-tax Act, 1961
... 9920
10CCC. Certificate under sub-rule (3) of rule 18BBE of the Income-tax Rules, 1962
... 9921
FORM NO. PAGE
10D. [Omitted] ... 9922
10DA. Report under section 80JJAA of the Income-tax Act, 1961 ... 9922
10E. Form for furnishing particulars of income under section 192(2A) for the year ending 31st March, 19 ...., for claiming relief under section 89(1) by a Government servant or an employee in a company, co-operative society, local authority, university, institution, association or body
... 9924
10F. [Omitted] ... 9930
10G. Application for grant of approval or continuance thereof to institution or fund under section 80G(5)(vi) of the Income-tax Act, 1961
... 9930
10H. Certificate of foreign inward remittance ... 9932
10HA. Form of certificate under the second proviso to section
80-O of the Income-tax Act, 1961
... 9933
10-I. Prescribed authority’s certificate for the purposes of section 80DDB
... 9934
11.‡ Application for registration of a firm for the purposes of the Income-tax Act, 1961
... 9935
11A.‡ Application for registration of a firm for the purposes of the Income-tax Act, 1961
... 9936
12.‡ Declaration under section 184(7) of the Income-tax Act, 1961, for continuation of registration
... 9938
12A.‡ Communication under clause (b) of Explanation below section 185(1) of the Income-tax Act, 1961, regarding partner who is a benamidar
... 9939
12B. Form for furnishing details of income under section 192(2) for the year ending 31st March, 19 .....
... 9940
12BA. Statement showing particulars of perquisites, other fringe benefits or amenities and profits in lieu of salary with value thereof (coloured pages)
... [9]
12C. Form for sending particulars of income under section 192(2B) for the year ending 31st March, 19 ......
... 9943
13.1 Application by a person for a certificate under section 197 of the Income-tax Act, 1961, for no deduction of tax or deduction of tax at a lower rate
... 9944
13A. [Omitted] ... 9947
13B. [Omitted] ... 9947
13BB. [Omitted] ... 9947
13C. Application for a certificate under section 194C(4) of the Income-tax Act, 1961, relating to deduction of income-tax from payments made to contractors and sub-contractors
... 9948
FORM NO. PAGE
13D. Application for a certificate under section 194G(2) of the Income-tax Act, 1961, relating to deduction of income-tax from payments of commission, etc., made to persons who are or have been stocking, distributing, purchasing or selling lottery tickets
... 9949
13E. Application for a certificate under section 194J(2) of the Income-tax Act, 1961, relating to deduction of income-tax from payments of fees for professional or technical services
... 9950
14. [Omitted] ... 9951
14A. [Omitted] ... 9951
14B. [Omitted] ... 9951
15. Certificate under section 197(1) of the Income-tax Act, 1961, relating to deduction of tax from dividends
... 9951
15A. [Omitted] ... 9952
15AA.2 Certificate under section 197(1) of the Income-tax Act, 1961, relating to deduction of tax
... 9952
15B. Form of declaration to be made by the registered shareholder and by the person claiming credit where the dividend on the share is assessable as the income of such other person
... 9955
15C. Application by a banking company for a certificate under section 195(3) of the Income-tax Act, 1961, for receipt of interest and other sums without deduction of tax
... 9957
15D. Application by a person other than a banking company for a certificate under section 195(3) of the Income-tax Act, 1961, for receipt of sums other than interest and dividends without deduction of tax
... 9957
15E. Certificate under section 195(3) of the Income-tax Act, 1961, authorising receipt of interest and other sums without deduction of tax
... 9958
15F. [Omitted] ... 9959
15G. Declaration under section 197A(1) of the Income-tax Act, 1961, to be made by an individual claiming receipt of dividend without deduction of tax
... 9959
15H. Declaration under section 197A(1A) of the Income-tax Act, 1961, to be made by a person (not being a company or a firm) claiming receipt of interest on securities or interest other than “interest on securities” or income in respect of units without deduction of tax
... 9960
15-I. Declaration under section 197A(1) of the Income-tax Act, 1961, to be made by an individual claiming receipt of any amount referred to in clause (a) of sub-section (2) of section 80CCA without deduction of tax
... 9963
FORM NO. PAGE
16.1 Certificate under section 203 of the Income-tax Act, 1961, for tax deducted at source from income chargeable under the head “Salaries”
... 9964
16A. Certificate of deduction of tax at source under section 203 of the Income-tax Act, 1961
... 9966
16B. [Omitted] ... 9968
17. [Omitted] ... 9968
18. [Omitted] ... 9968
19. [Omitted] ... 9968
19A. [Omitted] ... 9968
19B. [Omitted] ... 9968
19BB. [Omitted] ... 9969
19C. [Omitted] ... 9969
19D. [Omitted] ... 9969
20. [Omitted] ... 9969
21. [Omitted] ... 9969
22. Statement of tax deducted at source from contributions repaid to employees in the case of an approved superannuation fund
... 9969
23. [Omitted] ... 9970
24.2 Annual return of “Salaries” under section 206 of the Income-tax Act, 1961, for the year ending 31st March, ....
... 9971
25. Annual return of deduction of tax from interest on securities, under section 206 of the Income-tax Act, 1961, for the year ending 31st March, .......
... 9976
26. Annual return of deduction of tax from dividends/income in respect of units under section 206 of the Income-tax Act, 1961, for the year ending 31st March......
... 9981
26A. Annual return of deduction of tax from interest other than “interest on securities” under section 206 of the Income-tax Act, 1961, for the year ending 31st March........
... 9986
26B. Annual return of deduction of tax from winnings from lotteries or crossword puzzles under section 206 of the Income-tax Act, 1961, for the year ending 31st March.....
... 9991
26BB. Annual return of deduction of tax from winnings from horse races, etc., under section 206 of the Income-tax Act, 1961, for the year ending 31st March........
... 9995
26C. Annual return of deduction of tax from payments made to contractors or sub-contractors under section 206 of the Income-tax Act, 1961, for the year ending 31st March.....
... 9998
FORM NO. PAGE
26D. Annual return of deduction of tax from insurance commission under section 206 of the Income-tax Act, 1961, for the year ending 31st March........
... 10003
26E. [Omitted] ... 10007
26F. Annual return of deduction of tax from payments in respect of deposits under the National Savings Scheme under section 206 of the Income-tax Act, 1961, for the year ending 31st March.......
... 10008
26G. Annual return of deduction of tax from payments on repurchase of units by Mutual Funds or Unit Trust of India, under section 206 of the Income-tax Act, 1961, for the year ending 31st March........
... 10011
26H. Annual return of deduction of tax from payments of commission, remuneration or prize on sale of lottery tickets, under section 206 of the Income-tax Act, 1961, for the year ending 31st March........
... 10014
26-I. [Omitted] ... 10019
26J Annual return of deduction of tax from rent, under section 206 of the Income-tax Act, 1961, for the year ending 31st March......
... 10020
26K Annual return of deduction of tax from fees for professional or technical services, under section 206 of the Income-tax Act, 1961, for the year ending 31st March.......
... 10025
27. Statement of deduction of tax from interest, dividends or any other sum payable to (i) persons, not being companies, who are non-residents or residents but not ordinarily residents, and (ii) companies which are neither Indian companies nor companies which have made the prescribed arrangements for the declaration and payment of dividends within India, for the period ending.........
... 10030
27A. Form for furnishing information with the return or statement of deduction of tax at source filed on computer media
... 10035
27B. Form for furnishing information with the return of collection of tax at source filed on computer media
... 10037
27C. Certificate under proviso to sub-section (1) of section 206C of the Income-tax Act, 1961
... 10039
27D. Certificate of collection of tax at source under sub-section (5) of section 206C of the Income-tax Act, 1961
... 10040
27EA. Half-yearly return of collection of tax under section 206C from buyers of alcoholic liquor for human consumption (other than Indian made foreign liquor) and tendu leaves for the period ending...........
... 10042
27EB. Half-yearly return of collection of tax under section 206C from buyers of timber obtained under a forest lease for the period ending..........
... 10045
27EC. Half-yearly return of collection of tax under section 206C from buyers of timber obtained by any mode other than under a forest lease for the period ending........
... 10048
FORM NO. PAGE
27ED. Half-yearly return of collection of tax under section 206C from buyers of any other forest produce not being timber or tendu leaves for the period ending.........
... 10051
27F. Application by a buyer, under sub-section (9) of section 206C of the Income-tax Act, 1961, for a certificate for collection of tax at a lower rate
... 10054
27G. Certificate under sub-section (9) of section 206C of the Income-tax Act, 1961, relating to collection of tax at source
... 10056
28. Notice of demand under section 156 of the Income-tax Act, 1961, for payment of advance tax under sub-section (3) or sub-section (4) of section 210
... 10057
28A. Intimation to the Assessing Officer under section 210(5) regarding the notice of demand under section 156 of the Income-tax Act, 1961, for payment of advance tax under section 210(3)/210(4) of the Act
... 10059
29. [Omitted] ... 10061
29A. [Omitted] ... 10062
29B. Report under section 115JB of the Income-tax Act, 1961, for computing the book profits of the company
... 10062
30. Claim for refund of tax ... 10063
31. Application for a certificate under section 230(1) of the Income-tax Act, 1961
... 10064
32. Authorisation from Assessing Officer ... 10065
33. Clearance certificate under section 230(1) of the Income-tax Act, 1961
... 10066
34. Exemption certificate under proviso to section 230(1) of the Income-tax Act, 1961
... 10067
34A. Application for a certificate under section 230A(1)1 of the Income-tax Act, 1961
... 10067
34B. Form of application for settlement of cases under section 245C(1) of the Income-tax Act, 1961
... 10071
34C. Form of application for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961 ... 10073
34D. Form of application by a resident applicant seeking advance ruling under section 245Q(1) of the Income-tax Act, 1961, in relation to a transaction undertaken or proposed to be undertaken by him with a non-resident
... 10076
34E. Form of application by a person falling within such class or category of persons as notified by the Central Government in exercise of powers conferred for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961
... 10078
FORM NO. PAGE
35. Appeal to the Commissioner of Income-tax (Appeals) ... 10080
36. Form of appeal to the Appellate Tribunal ... 10083
36A. Form of memorandum of cross-objections to the Appellate Tribunal
... 10087
37. Reference application under section 256(1) of the Income-tax Act, 1961
... 10088
37A. [Omitted] ... 10089
37B. [Omitted] ... 10089
37C. [Omitted] ... 10089
37D. [Omitted] ... 10089
37E. [Omitted] ... 10089
37EE. Statement to be registered with the competent authority under section 269AB(2)2 of the Income tax Act, 1961
... 10089
37F. Form of appeal to the Appellate Tribunal against order of competent authority
... 10092
37G. Statement to be furnished to the registering officer under section 269P(1)2 of the Income-tax Act, 1961, along with the instrument of transfer
... 10093
37H. Fortnightly return under section 269P(2)(b)2 of the Income-tax Act, 1961, in respect of documents registered
... 10094
37-I. Statement of agreement for transfer of immovable property to be furnished to the appropriate authority under section 269UC of the Income-tax Act, 1961
... 10096
38. Register of Income-tax practitioners maintained by the Chief Commissioner or Commissioner of Income-tax .....
... 10102
39. Form of application for registration as authorised income-tax practitioner
... 10102
40. Certificate of registration ... 10103
40A. Form of nomination ... 10103
40B. Form for modifying nomination ... 10105
41. Form for maintaining accounts of subscribers to a recognised provident fund
... 10106
42. Appeal against refusal to recognise or withdrawal of recognition from a provident fund
... 10108
43. Appeal against refusal to approve or withdrawal of approval from a superannuation fund
... 10109
44. Appeal against refusal to approve or withdrawal of approval from a gratuity fund
... 10110
44A. [Omitted] ... 10111
FORM NO. PAGE
45. Warrant of authorisation under section 132 of the Income-tax Act, 1961, and rule 112(1) of the Income-tax Rules, 1962
... 10111
45A. Warrant of authorisation under the proviso‡ to sub-section (1) of section 132 of the Income-tax Act, 1961
... 10113
45B. Warrant of authorisation under sub-section (1A) of section 132 of the Income-tax Act, 1961
... 10115
45C. Warrant of authorisation under sub-section (1) of section 132A of the Income-tax Act, 1961
... 10116
45D. Information to be furnished to the Income-tax authority under section 133B of the Income-tax Act, 1961
... 10117
46. Application for information under clause (b) of sub-section (1) of section 138 of the Income-tax Act, 1961
... 10118
47. Form for furnishing information under clause (b) of sub-section (1) of section 138 of the Income-tax Act, 1961
... 10119
48. Form for intimating non-availability of information under clause (b) of sub-section (1) of section 138 of the Income- tax Act, 1961
... 10120
49. Refusal to supply information under clause (b) of sub-section (1) of section 138 of the Income-tax Act, 1961
... 10120
49A. Form of application for allotment of permanent account number under section 139A of the Income-tax Act, 1961
... 10121
49B. Form of application for allotment of tax deduction account number under section 203A of the Income-tax Act, 1961
... 10126
50. [Omitted] ... 10130
51. [Omitted] ... 10130
52. [Omitted] ... 10130
52A. Statement to be furnished to the Assessing Officer under section 285B of the Income-tax Act, 1961, in respect of production of a cinematograph film
... 10130
53. [Omitted] ... 10131
54. Application under section 281A(2) for obtaining a certified copy of notice under section 281A(1)/281A(1A)/ 281A(1B) of the Income-tax Act, 1961
... 10132
55. Application for approval of an association or institution for purposes of exemption under section 10(23) or continuance thereof for the year .....
... 10132
56. Application for grant of exemption or continuance thereof under section 10(23C)(iv) and (v) for the year ....
... 10134
56A. Application for approval of a venture capital fund or a venture capital company
... 10137
56AA. Application for approval of a venture capital fund or a venture capital company
... 10138
FORM NO. PAGE
56B. Condensed Financial Information Income Statement ... 10139
56BA. Condensed Financial Information Income Statement ... 10140
56C. Statement of Assets and Liabilities ... 10141
56CA. Statement of Assets and Liabilities ... 10142
56D.3 Application for grant of exemption or continuance thereof under section 10(23C)(vi) and (via) for the year......
... 10143
56E. Application for approval under section 10(23G) of an enterprise wholly engaged in the business of developing, maintaining and operating any infrastructure facility
... 10145
56F. Report under section 10A of the Income-tax Act, 1961 ... 10146
56G. Report under section 10B of the Income-tax Act, 1961 ... 10148
57. Certificate under section 222 or 223 of the Income-tax Act, 1961 : Notice of demand under rule 2 of the Second Schedule to the Income-tax Act, 1961
... 10150
58A. Certificate of expenditure by way of payment in respect of eligible projects or schemes notified under section 35AC
... 10151
58B. Certificate of expenditure incurred directly by a company in respect of eligible projects or schemes notified under section 35AC
... 10151
59. Application for approval of issue of public companies under section 88(2)(xvi) of the Income-tax Act
... 10152
59A. Application for approval of mutual funds investing in the eligible issue of public companies under section 88(2)(xvii) of the Income-tax Act
... 10153
60. Form of declaration to be filed by a person who does not have either a Permanent Account Number or General Index Register Number and who makes payment in cash in respect of transactions specified in clauses (a) to (h) of rule 114B
... 10155
61. Form of declaration to be filed by a person who has agricultural income and is not in receipt of any other income chargeable to income-tax in respect of transactions specified in clauses (a) to (h) of rule 114B
... 10155
62. Certificate from the principal officer of the amalgamated company and duly verified by an accountant regarding achievement of the prescribed level of production and continuance of such level of production in subsequent years
... 10156
63. Statement to be furnished to the Assessing Officer designated under rule 12B of the Income-tax Rules, 1962, in respect of income distributed by the Unit Trust of India
... 10157
63A. Statement to be furnished to the Assessing Officer designated under rule 12B of the Income-tax Rules, 1962, in respect of income distributed by a mutual fund
... 10158
FORM NO. PAGE
64. Statement of income distributed by Venture Capital Company or a Venture Capital Fund to be furnished under section 115U of the Income-tax Act, 1961
... 10160
APPENDIX III
All India Gradation List ... 10162
Other Allied Acts, Rules & Schemes
The Income-tax (Certificate Proceedings)
Rules, 1962
PART I : PRELIMINARY
RULE PAGE
1. Short title and commencement ... 10177
2. Definitions ... 10177
3. Forms ... 10178
4. [Omitted] ... 10178
5. [Omitted] ... 10178
6. [Omitted] ... 10178
7. [Omitted] ... 10178
8. Transfer of proceedings from one Tax Recovery Officer to another ... 10178
PART II : GENERAL PROCEDURE
RULE PAGE
9. Procedure to be followed while sending certificate to another Tax Recovery Officer
... 10179
9A. Procedure to be followed while sending a certified copy of certificate to another Tax Recovery Officer
... 10179
10. Procedure to be followed on receipt of a certificate from a Tax Recovery Officer
... 10180
11. Intimation by the first Tax Recovery Officer ... 10180
12. Intimation by the other Tax Recovery Officer ... 10180
13. [Omitted] ... 10180
14. Form of notice of demand ... 10181
PART III : ATTACHMENT AND SALE OF PROPERTY
RULE PAGE
15. Continuance of attachment subject to claim of encumbrancer
... 10181
16. Proclamation of sale ... 10181
RULE PAGE
17. Sale to be held by whom and his remuneration ... 10181
18. Reserve price ... 10181
19. Report of sale ... 10181
20. Sale proceeds not to be disbursed till sale confirmed ... 10181
21. Registration of sale ... 10181
22. Forms ... 10181
PART IV : MAINTENANCE AND CUSTODY, WHILE UNDER ATTACHMENT, OF LIVESTOCK OR OTHER MOVABLE PROPERTY, FEES FOR SUCH MAINTENANCE AND CUSTODY, SALE THEREOF AND DISPOSAL OF SALE PROCEEDS
RULE PAGE
23. Property to which rules apply ... 10183
24. Custody at place of attachment ... 10183
25. Removal and custody of property in other cases ... 10183
26. Property may be handed over to the defaulter ... 10183
27. Custody of attached cash, securities, etc. ... 10183
28. Claim of any person other than the defaulter to the property under attachment
... 10184
29. Return of property on cancellation or withdrawal of attachment
... 10184
30. Property may be sold if costs, etc., not paid ... 10184
31. Feeding and tending of livestock under attachment ... 10184
32. Removal of livestock ... 10184
33. Custody of livestock in pound ... 10184
34. Custody with a person other than Custody Officer ... 10184
35. Expenses of custody, maintenance, etc. ... 10185
PART V : DELIVERY OF PROPERTY SOLD AND EXECUTION OF DOCUMENT OR ENDORSEMENT OF NEGOTIABLE INSTRUMENT OR SHARE IN A CORPORATION
RULE PAGE
36. Delivery of movable property, debts and shares ... 10185
37. Transfer of negotiable instruments and shares ... 10186
38. Vesting order in case of other property ... 10186
39. Delivery of immovable property in occupancy of defaulter ... 10186
40. Delivery of immovable property in occupancy of tenant ... 10186
PART VI : RESISTANCE OR OBSTRUCTION TO DELIVERY OF POSSESSION TO PURCHASER
RULE PAGE
41. Resistance or obstruction to possession of immovable property
... 10187
42. Resistance or obstruction by defaulter ... 10187
43. Resistance or obstruction by bona fide claimant ... 10187
44. Dispossession by purchaser ... 10187
45. Bona fide claimant to be restored to possession ... 10187
46. Rules not applicable to transferee lite pendente ... 10187
47. Right to file a suit ... 10187
PART VII : APPOINTMENT, POWERS AND DUTIES OF A RECEIVER
RULE PAGE
48. Powers of a receiver ... 10188
49. Remuneration of a receiver ... 10188
50. Duties of a receiver ... 10188
51. Enforcement of receiver’s duties ... 10188
52. Form of order of appointment of a receiver ... 10189
PART VIII : ARREST AND DETENTION
RULE PAGE
53. Prison in which defaulter may be detained ... 10189
54. Subsistence allowance ... 10189
55. Forms ... 10189
PART VIII-A : APPEALS TO A CHIEF COMMISSIONER OR COMMISSIONER
RULE PAGE
55A. Form of appeal ... 10190
55B. Procedure in appeal ... 10190
PART IX : SCALE OF FEES FOR PROCESSES, CHARGES FOR OTHER PROCEEDINGS AND POUNDAGE FEES, ETC.
RULE PAGE
56. Process fees ... 10191
57. Levy and scale of poundage fees ... 10191
RULE PAGE
58. Copying fees ... 10192
59. Inspection fees ... 10192
PART X : MISCELLANEOUS
RULE PAGE
60. Proceedings against legal representative of a deceased defaulter
... 10192
61. Recovery from surety ... 10192
62. Appearance before Tax Recovery Officer ... 10193
APPENDIX
FORM NO. ITCP PAGE
1. Notice of demand to the defaulter ... 10193
2. Warrant of attachment of movable property ... 10194
3. Prohibitory order where the property consists of debts not secured by negotiable instruments
... 10196
4. Prohibitory order where the property consists of shares in a corporation
... 10197
5. Prohibitory order where the property to be attached consists of movable property to which the defaulter is entitled subject to a lien or right of some other person to the immediate possession thereof
... 10198
6. Notice of attachment of a decree of a civil court ... 10199
7. Notice of attachment where the property consists of a share or interest in movable property
... 10200
8. Order to attach salary or allowances of servants of Government or local authority
... 10201
9. Order of attachment of negotiable instrument ... 10202
10. Notice of attachment of movable property in the custody of a court or public officer
... 10202
11. Order of attachment of property consisting of an interest in partnership property
... 10203
12. Warrant of sale of property ... 10204
13. Proclamation of sale ... 10205
14. Certificate of sale of movable property ... 10207
15. Order for payment to the Assessing Officer of current coins and currency notes attached ... 10208
16. Order of attachment of immovable property ... 10208
FORM NO. ITCP PAGE
17. Notice for settling a sale proclamation ... 10209
18. Order of confirmation of sale of immovable property ... 10210
19. Notice to interested parties to show cause why sale should not be set aside
... 10211
20. Certificate of sale of immovable property ... 10211
21. Certificate to defaulter authorising him to mortgage, lease or sell property
... 10212
22. Order attaching a business ... 10213
23. Bond (Sapurdnama) ... 10214
24. Appointment of a receiver ... 10215
25. Notice to show cause why a warrant of arrest should not be issued
... 10215
26. Warrant of arrest ... 10216
27. Warrant of detention in civil prison ... 10217
28. Order of release ... 10218
29. Notice to legal representative ... 10219
29A. Appeal to the Chief Commissioner or Commissioner ... 10220
30. Notice to surety ... 10221
The Income-tax (Appellate Tribunal) Rules, 1963
RULE PAGE
1. Short title and commencement ... 10226
2. Definitions ... 10226
3. Sittings of Bench ... 10227
4. Powers of Bench ... 10227
4A. Powers and functions of the Registrar ... 10227
5. Language of the Tribunal ... 10228
5A. Filing of documents in Hindi ... 10228
5B. Use of Hindi in proceedings and orders ... 10228
6. Procedure for filing appeals ... 10229
7. Date of presentation of appeals ... 10229
8. Contents of memorandum of appeal ... 10229
9. What to accompany memorandum of appeal ... 10229
10. Filing of affidavits ... 10230
11. Grounds which may be taken in appeal ... 10230
12. Rejection or amendment of memorandum of appeal ... 10230
13. Who may be joined as respondent in an appeal by assessee ... 10230
RULE PAGE
14. Who may be joined as respondent in an appeal by the Income-tax Officer
... 10230
15. What to accompany memorandum of appeal under section 253(2)
... 10230
16. Authorising a representative to appear ... 10230
17. Authorisation to be filed ... 10230
17A. Dress regulations for the members and for the representatives of the parties
... 10231
18. Preparation of paper book, etc. ... 10231
19. Date and place for hearing of appeal to be notified ... 10232
20. Date and place of hearing of appeal, how fixed ... 10232
21. Grant of time to answer in an appeal under section 253(1) ... 10232
22. Cross-objections ... 10232
23. Hearing of the appeal ... 10232
24. Hearing of appeal ex parte for default by the appellant ... 10232
25. Hearing of appeal ex parte for default by the respondent ... 10233
26. Continuation of proceedings after the death or adjudication of a party to the appeal
... 10233
27. Respondent may support order on grounds decided against him
... 10233
28. Remand of the case by the Tribunal ... 10233
29. Production of additional evidence before the Tribunal ... 10233
30. Mode of taking additional evidence ... 10234
31. Additional evidence to be submitted to the Tribunal ... 10234
32. Adjournment of appeal ... 10234
33. Proceedings before the Tribunal ... 10234
34. Order to be signed and dated ... 10234
34A. Procedure for dealing with applications under section 254(2)
... 10234
35. Order to be communicated to parties ... 10234
35A. Procedure for filing and disposal of stay petition ... 10235
36. What to accompany an application for reference under section 256(1)
... 10235
37. Procedure in respect of application under section 256(1) ... 10236
38. Who may be joined as a respondent in an application by the assessee
... 10236
39. Who may be joined as a respondent in an application by the Commissioner
... 10236
40. Same Bench to hear the application ... 10236
41. Time for submission of reply by the respondent ... 10236
RULE PAGE
42. Contents of the reply ... 10236
43. Dismissal if no question of law arises ... 10236
44. Statement of case to be prepared, if a question of law arises
... 10236
45. What to accompany the statement of the case ... 10236
46. Order on application to be communicated to the parties ... 10237
47. Same Bench to deal with requisition from High Court under section 256(2)
... 10237
48. Copy of the judgment of the High Court to be sent to the Bench
... 10237
49. Scale of copying fees ... 10237
50. Fees for inspection of records ... 10238
51. Repeal and saving ... 10238
52. Applicability of the Rules to proceedings under certain other Acts
... 10238
The Authority for Advance Rulings (Procedure)
Rules, 1996
RULE PAGE
1. Short title and commencement … 10243
2. Definitions … 10243
3. Language of the Authority … 10244
4. Sittings of the Authority … 10244
5. Powers of the Authority … 10244
6. Power to remove difficulty … 10244
7. Powers and functions of the Secretary … 10244
8. Signing of notices, etc. … 10245
9. Mode of service of notices … 10245
10. Procedure for filing applications … 10245
11. Submission of additional facts before the Authority … 10246
12. Questions contained in the application … 10246
13. Date and place of hearing to be notified … 10246
14. Authorisation to be filed … 10246
15. Continuation of proceedings after the death, etc., of the applicant
… 10246
16. Hearing of application … 10247
17. Hearing of application ex parte … 10247
18. Modification of the order … 10247
RULE PAGE
19. Rectification of mistakes … 10247
20. Amendment of the record … 10247
21. Fees for supply of additional certified copies … 10247
22. Inspection of records and fees thereof … 10247
23. Declaration of advance rulings to be void in certain circumstances
… 10248
24. Proceedings not open to the public … 10248
25. Publication of orders … 10248
26. Authentication and communication of orders … 10248
27. Proceedings of the Authority … 10248
28. Procedure in case of other application … 10249
29. Dress regulations … 10249
The Capital Gains Accounts Scheme, 1988
PARA PAGE
1. Short title, commencement and application … 10255
2. Definitions … 10255
3. Deposits how to be made … 10255
4. Types of deposits … 10256
5. Application for opening account … 10256
6. Issue of duplicate pass book or receipt … 10257
7. Transfer and conversion of the account … 10257
8. Interest … 10258
9. Withdrawal from the account … 10258
10. Utilisation of the amount of withdrawal … 10259
11. Nomination by the depositor … 10259
12. Charge or alienation … 10260
13. Closure of the account … 10260
FORM PAGE
A. Application for opening an account under the Capital Gains Accounts Scheme, 1988
… 10261
B. Application for conversion of accounts under the Capital Gains Accounts Scheme, 1988
… 10263
C. Application for withdrawal of amount from Account-A under the Capital Gains Accounts Scheme, 1988
… 10265
D. Details regarding the manner and extent of utilisation of the amount withdrawn from account under the Capital Gains Accounts Scheme, 1988
… 10267
FORM PAGE
E. Form of nomination under the Capital Gains Accounts Scheme, 1988
… 10268
F. Application for cancellation or change of nomination previously made in respect of account under the Capital Gains Accounts Scheme, 1988
… 10269
G. Application for closing the account under the Capital Gains Accounts Scheme, 1988, by the depositor
… 10271
H. Application for closing the account under the Capital Gains Accounts Scheme, 1988, by the nominee/legal heir of the deceased depositor
… 10272
The Deposit Scheme for Retiring Government
Employees, 1989
PARA. PAGE
1. Short title … 10279
2. Definitions … 10279
3. Opening of account … 10279
4. Deposits and withdrawals … 10280
5. Interest on deposits … 10280
6. Premature withdrawal … 10282
7. Joint accounts and nomination … 10282
8. Closure of account … 10282
9. Pass book … 10282
10. Transfer from one accounts office to another … 10282
11. Issue of duplicate pass book … 10282
12. Power to relax … 10282
FORM PAGE
1. Form of application for opening an account under the Deposit Scheme for Retiring Government Employees, 1989
… 10283
2. Form of pass book to be issued to the depositor under the Deposit Scheme for Retiring Government Employees, 1989
… 10284
3. Application for withdrawal under the Deposit Scheme for Retiring Government Employees, 1989
… 10285
4. Nomination under the Deposit Scheme for Retiring Government Employees, 1989
… 10285
5. Cancellation or variation of nomination previously made in respect of Account No. …………. under Deposit Scheme for Retiring Government Employees, 1989
… 10286
Circular, press releases, etc. … 10287
The Deposit Scheme for Retiring Employees
of Public Sector Companies, 1991
PARA. PAGE
1. Commencement … 10293
2. Short title … 10293
3. Definitions … 10293
4. Opening of account … 10293
5. Deposits and withdrawals … 10294
6. Interest on deposits … 10294
7. Premature withdrawal … 10295
8. Joint accounts and nominations … 10296
9. Closure of account … 10296
10. Pass book … 10296
11. Transfer from one accounts office to another … 10296
12. Issue of duplicate pass book … 10296
13. Power to relax … 10296
FORM NO. PAGE
1. Form of application for opening an account under the Deposit Scheme for Retiring Employees of Public Sector Companies, 1991
…10296
2. Form of pass book to be issued to the depositor under the Deposit Scheme for Retiring Employees of Public Sector Companies, 1991
…10298
3. Application for withdrawal under the Deposit Scheme for Retiring Employees of Public Sector Companies, 1991
…10299
4. Nomination under the Deposit Scheme for Retiring Employees of Public Sector Companies, 1991
…10299
5. Cancellation or variation of nomination previously made in respect of Account No. under Deposit Scheme for Retiring Employees of Public Sector Companies, 1991
…10300
Press Release concerning the 1991-Scheme … 10301
The European Economic Community International
Institutional Partners (ECIIP) Scheme, 1993
PARA. PAGE
1. Short title and commencement … 10307
2. Definitions … 10307
3. Structure of the Scheme … 10307
4. Investments and disinvestments … 10308
5. Eligibility of partner institutions … 10308
PARA. PAGE
6. Use of funds provided by ECIIP … 10308
7. Tax exemption … 10309
Annexure … 10309
The Gold Deposit Scheme, 1999
PARA PAGE
1. Short title and commencement … 10315
2. Definitions … 10315
3. Who can operate the Scheme … 10316
4. Form of subscription … 10316
5. Procedure for making application for subscription of gold … 10316
6. Premature payment … 10316
7. Repayment and payment of interest … 10316
8. Nomination facility … 10316
9. Transfer of gold certificate ... 10316
10. Period of Scheme ... 10316
The Income-tax Settlement Commission (Procedure) Rules, 1997
RULE PAGE
1. Short title and commencement … 10321
2. Definitions … 10321
3. Language of the Commission … 10322
4. Signing of notices, etc. … 10322
5. Procedure for filing settlement application … 10322
6. Commissioner’s report, etc., under section 245D(1) … 10322
7. Preparation of paper books, etc. … 10322
8. Filing of affidavit … 10323
9. Commissioner’s further report … 10323
10. Date and place of hearing of application to be notified … 10323
11. Sitting of Bench … 10324
12. Powers of a Bench … 10324
13. Constitution of Special Bench … 10324
14. Filing of authorisation … 10324
15. Verification of additional facts … 10324
16. Proceedings not open to the public … 10324
RULE PAGE
17. Publication of orders of the Special Bench … 10324
18. Adjournment of hearings … 10324
19. Special provisions in respect of settlement applications made before 1-10-1984
… 10325
The Income-tax Welfare Fund Rules, 1998
RULE PAGE
1. Short title and extent … 10331
2. Purposes of the fund … 10331
3. Sources of fund … 10332
4. Sponsoring of proposals … 10332
5. Sanctions and disbursements … 10332
6. Responsibility for maintenance of accounts … 10332
7. Records … 10333
8. Audit of fund … 10333
The Industrial Park/Industrial Model Town
Scheme, 1999
PARA. PAGE
1. Objectives of the scheme … 10339
2. Approval … 10339
3. Criteria for automatic approval … 10340
4. Non-automatic approval … 10341
5. General conditions … 10341
FORM PAGE
IPS-I Application form for setting up industrial model town/in-dustrial park
… 10342
The Industrial Park Scheme, 1999
PARA. PAGE
1. Short title and commencement … 10351
2. Definitions … 10351
3. Period of operation of the scheme … 10351
4. Objectives of the industrial park … 10352
5. Automatic approval … 10352
6. Criteria for automatic approval … 10352
7. Non-automatic approval … 10353
PARA. PAGE
8. Withdrawal of approval … 10354
9. General conditions … 10354
FORM PAGE
IPS-I Application form for setting up industrial model town/industrial park
… 10355
IPS-II Report regarding the undertaking which has been granted approval
… 10359
The Investment Deposit Account Scheme, 1986
PARA. PAGE
1. Short title and application … 10365
2. Definitions … 10365
3. Deposit how to be made … 10365
4. Manner of deposit … 10366
5. Issue of duplicate statement … 10366
6. Transfer of the account … 10366
7. Interest … 10366
8. Charge or alienation … 10366
9. Utilisation of the amounts for the purposes of section 32AB
… 10366
10. Closure of the account … 10367
FORM PAGE
A. Application for opening a new account … 10367
B. Receipt for deposit … 10368
C. Statement of Accounts as on…. … 10369
D. Application for withdrawal … 10369
E. Application for closing of account … 10371
The Issue of Foreign Currency Convertible Bonds
and Ordinary Shares (Through Depositary
Receipt Mechanism) Scheme, 1993
PARA. PAGE
1. Short title and commencement … 10377
2. Definitions … 10377
3. Eligibility for issue of convertible bonds or ordinary shares of issuing company
… 10378
3A. Eligibility extended to Indian Companies engaged in Information Technology Software and Information Technology Services
... 10379
PARA. PAGE
3B. Eligibility extended to Indian Companies engaged in Information Technology Software and Information Technology Services
… 10379
4. Limits of foreign investment in the issuing company … 10379
5. Issue structure of the Global Depositary Receipts … 10379
6. Listing of the Global Depositary Receipts … 10380
7. Transfer and redemption … 10380
8. Taxation on Foreign Currency Convertible Bonds … 10380
9. Taxation on shares issued under Global Depositary Receipt Mechanism
… 10381
10. Application of avoidance of double taxation agreement in case of Global Depositary Receipts
… 10382
11. Gift-tax and wealth-tax ... 10382
Circular … 10386
Imminent changes … 10387
The National Savings Certificates (VIII Issue) Rules, 1989
RULE PAGE
1. Short title and commencement … 10395
2. Definitions … 10395
3. Denominations in which certificates shall be issued … 10396
4. Types of certificates and issue thereof … 10396
5. Purchase of certificates … 10397
6. Procedure for purchase of certificates … 10397
7. Legal tender … 10397
8. Issue of certificates … 10397
9. Certificate in lieu of proceeds of old certificate … 10397
10. Transfer from one post office to another … 10397
11. Transfer of certificate from one person to another … 10397
12. Pledging of certificate … 10399
13. Replacement of lost or destroyed certificate … 10400
14. Nomination … 10400
15. Encashment on maturity … 10401
16. Premature encashment … 10403
17. Place of encashment … 10404
18. Discharge of certificate … 10404
19. Encashment of minor’s certificate … 10404
20. Payments to heirs … 10404
RULE PAGE
21. Encashment of certificates held by army, air force and navy personnel
… 10405
22. Rights of nominees … 10406
23. Conversion from one denomination to another … 10406
24. Income-tax … 10406
25. Fees … 10406
26. Responsibility of the post office … 10407
27. Rectification of mistakes … 10407
28. Power to relax … 10407
Form 1 Form of application for purchase of National Savings Certificates VIII Issue
… 10407
Form 2 Form of application for nomination under section 6 of the Government Savings Certificates Act, 1959
… 10408
Form 3 Form of application for cancellation or variation of nomination previously made in respect of savings certificates under section 6 of the Government Savings Certificates Act, 1959
… 10409
The National Savings Scheme Rules, 1987
RULE PAGE
1. Short title and commencement … 10417
2. Definitions … 10417
3. Application of the Post Office Savings Bank General Rules, 1981, and the Post Office Savings Account Rules, 1981
… 10418
4. Opening of account … 10418
5. Deposits and withdrawals … 10418
6. Interest on deposits … 10418
7. Pass Book … 10419
8. Confirmation of balance … 10419
9. Closure of account … 10419
10. Power to relax … 10419
The National Savings Scheme Rules, 1992
RULE PAGE
1. Short title and commencement … 10425
2. Definitions … 10425
3. Application of the Post Office Savings Bank General Rules, 1981, and the Post Office Savings Account Rules, 1981
… 10426
RULE PAGE
4. Opening of account … 10426
5. Deposits … 10426
6. Interest on deposits … 10426
7. Withdrawal … 10427
8. Pass Book … 10427
9. Confirmation of balance … 10427
10. Closure of account … 10427
11. Power to relax … 10427
The Scheme of Hospitalisation and Domiciliary
Hospitalisation Benefit Policy
PARA. PAGE
1. Salient features of the policy … 10433
2. Definitions … 10433
3. Exclusions … 10434
4. Age limit … 10435
5. Family discount … 10435
6. Notice of claim … 10436
7. Payment of claim … 10436
8. Cumulative bonus … 10436
9. Table of benefits … 10436
The Site Restoration Fund Scheme, 1999
PARA. PAGE
1. Short title and application … 10443
2. Definitions … 10443
3. Deposit : how to be made … 10443
4. Manner of deposit … 10443
5. Issue of duplicate statement … 10444
6. Interest … 10444
7. Charge, assignment … 10444
8. Withdrawal and utilisation of the amounts deposited … 10444
9. Procedure for withdrawal … 10444
10. Information regarding deposits and withdrawals … 10445
11. Closure of the account … 10445
FORM PAGE
A Application for opening a new account … 10446
B Certificate of deposit … 10447
C Certificate of interest … 10447
D Statement of account … 10448
E Application for withdrawal … 10448
F Application for closure of account … 10449
G Certificate quantifying amount of income-tax on withdrawal consequent upon closure of account
… 10450
APPENDICES
APPENDIX PAGE
A. THE INCOME-TAX (SECOND AMENDMENT) ACT, 1998 (11 of 1999)
... 10455
B. THE FINANCE ACT, 1999 (27 of 1999)
—EXPLANATORY CIRCULAR No. 779, dated 14-9-1999 ... 10459
... 10523
C. THE INCOME-TAX (AMENDMENT) ACT, 1999 (28 of 1999) ... 10567
D. THE FINANCE ACT, 2000 (10 of 2000) ... 10569
—EXPLANATORY CIRCULAR No. 794, dated 9-8-2000 ... 10617
E. THE TAXATION LAWS (AMENDMENT) ACT, 2000 (1 of 2001)
... 10649
F. THE TAXATION LAWS (AMENDMENT) ACT, 2001 (4 of 2001)
... 10651
G. THE FINANCE ACT, 2001 (14 of 2001) ... 10655
General Index of Volume 6 ... 909-1082