In this Act, unless the context otherwise requires,
1 (1) advance tax means the advance tax payable in accordance with the provisions of Chapter XVII-C;
2 (1A) agricultural income means
3 (a) any rent or revenue derived from land which is situated in India and is used for agricultural purposes;
(b) any income derived from such land by
(i) agriculture; or
(ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market; or
(iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has been performed other than a process of the nature described in paragraph (ii) of this sub-clause ;
(c) any income derived from any building owned and occupied by the receiver of the rent or revenue of any such land, or occupied by the cultivator or the receiver of rent-in-kind, of any land with respect to which, or the produce of which, any process mentioned in paragraphs (ii) and (iii) of sub-clause (b) is carried on:
4 Provided that
(i) the building is on or in the immediate vicinity of the land, and is a
building which the receiver of the rent or revenue or the cultivator, or the
receiver of rent-in-kind, by reason of his connection with the land, requires as
a dwelling house, or as a store-house, or other outbuilding, and
(ii) the land is either assessed to land revenue in India or is subject to a local rate assessed and collected by officers of the Government as such or where the land is not so assessed to land revenue or subject to a local rate, it is not situated
(A) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee or by any other name) or a cantonment board and which has a population of not less than ten thousand 5 ***; or
6 (B) in any area within the distance, measured aerially,
(I) not being more than two kilometres, from the local limits of any
municipality or cantonment board referred to in item (A) and which has a
population of more than ten thousand but not exceeding one lakh; or
(II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (A) and which has a population of more than one lakh but not exceeding ten lakh; or
(III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (A) and which has a population of more than ten lakh.
7 Explanation 8 1.For the removal of doubts, it is hereby declared that revenue derived from land shall not include and shall be deemed never to have included any income arising from the transfer of any land referred to in item (a) or item (b) of sub-clause (iii) of clause (14) of this section.
9 Explanation 2.For the removal of doubts, it is hereby declared that income derived from any building or land referred to in sub-clause (c) arising from the use of such building or land for any purpose (including letting for residential purpose or for the purpose of any business or profession) other than agriculture falling under sub-clause (a) or sub-clause (b) shall not be agricultural income.
10 Explanation 3.For the purposes of this clause, any income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income.
11 Explanation 4.For the purposes of clause (ii) of the proviso to sub-clause (c), population means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year;
12 13 (1B) amalgamation, in relation to companies, means the merger of one or more companies with another company or the merger of two or more companies to form one company (the company or companies which so merge being referred to as the amalgamating company or companies and the company with which they merge or which is formed as a result of the merger, as the amalgamated company) in such a manner that
(i) all the property of the amalgamating company or companies immediately before the amalgamation becomes the property of the amalgamated company by virtue of the amalgamation;
(ii) all the liabilities of the amalgamating company or companies immediately before the amalgamation become the liabilities of the amalgamated company by virtue of the amalgamation;
(iii) shareholders holding not less than 14 three-fourths in value of the shares in the amalgamating company or companies (other than shares already held therein immediately before the amalgamation by, or by a nominee for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company by virtue of the amalgamation,
otherwise than as a result of the acquisition of the property of one company by another company pursuant to the purchase of such property by the other company or as a result of the distribution of such property to the other company after the winding up of the first-mentioned company;
15 (1C) Additional Commissioner means a person appointed to be an Additional
Commissioner of Income-tax under sub-section (1) of section 117;
(1D) Additional Director means a person appointed to be an Additional Director
of Income-tax under sub-section (1) of section 117;
(2) annual value, in relation to any property, means its annual value as determined under section 23 ;
16 * * * * *
(4) Appellate Tribunal means the Appellate Tribunal constituted under section 252;
(5) approved gratuity fund means a gratuity fund which has been and continues to be approved by the 17 18 Principal Chief Commissioner or Chief Commissioner or 19 Principal Commissioner or Commissioner in accordance with the rules contained in Part C of the Fourth Schedule ;
(6) approved superannuation fund means a superannuation fund or any part of a superannuation fund which has been and continues to be approved by the 17 18 Principal Chief Commissioner or Chief Commissioner or 19 Principal Commissioner or Commissioner in accordance with the rules contained in Part B of the Fourth Schedule;
(7) assesse means a person by whom 20 any tax or any other sum of money is payable under this Act, and includes
(a) every person in respect of whom any proceeding under this Act has been taken for the 21 assessment of his income or assessment of fringe benefits or of the income of any other person in respect of which he is assessable, or of the loss sustained by him or by such other person, or of the amount of refund due to him or to such other person;
(b) every person who is deemed to be an assessee under any provision of this Act;
(c) every person who is deemed to be an assessee in default under any provision of this Act;
22 (7A) Assessing Officer means the 23 24Assistant Commissioner or Deputy Commissioner or 25Assistant Director or Deputy Director or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) orsub-section (2) of section 120 or any other provision of this Act, and the 15 Additional Commissioner or 26 Additional Director or 27 Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act;
(8) assessment includes reassessment;
(9) assessment year means the period of twelve months commencing on the 1st day of April every year;
28 (9A) Assistant Commissioner means a person appointed to be an Assistant Commissioner of Income-tax 29 or a Deputy Commissioner of Income-tax under sub-section (1) of section 117;
30 (9B) Assistant Director means a person appointed to be an Assistant Director of Income-tax under sub-section (1) of section 117;
(10) average rate of income-tax means the rate arrived at by dividing the amount of income-tax calculated on the total income, by such total income;
31 (11) block of assets means a group of assets falling within a class of assets comprising
(a) tangible assets, being buildings, machinery, plant or furniture;
(b) intangible assets, being know-how, patents, copyrights, trade-marks,
licences, franchises or any other business or commercial rights of similar
nature,
in respect of which the same percentage of depreciation is prescribed;
(12) Board means the 32 Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
33 (12A) books or books of account includes ledgers, day-books, cash books, account-books and other books, whether kept in the written form or as print-outs of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device;
(13) business includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture;
34 (13A) business trust means a trust registered as,
(i) an Infrastructure Investment Trust under the Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992); or
(ii) a Real Estate Investment Trust under the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), and
the units of which are required to be listed on recognised stock exchange in accordance with the aforesaid regulations;
(14) 35 capital asset means
(a) property of any kind held by an assessee, whether or not connected with his business or profession;
(b) any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), but does not include
(i) any stock-in-trade other than the securities referred to in sub-clause
(b), consumable stores or raw materials held for the purposes of his business or
profession;
36 (ii) personal effects, that is to say, movable property (including wearing
apparel and furniture) held for personal use by the assessee or any member of
his family dependant on him, but excludes
(a) jewellery;
(b) archaeological collections;
(c) drawings;
(d) paintings;
(e) sculptures; or
(f) any work of art.
Explanation 37 1.For the purposes of this sub-clause, jewellery includes
(a) ornaments made of gold, silver, platinum or any other precious metal or any
alloy containing one or more of such precious metals, whether or not containing
any precious or semi-precious stone, and whether or not worked or sewn into any
wearing apparel;
(b) precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel.
38 Explanation 2.For the purposes of this clause
(a) the expression Foreign Institutional Investor shall have the meaning assigned to it in clause (a) of the Explanation to section 115AD;
(b) the expression securities shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);
39 (iii) agricultural land in India, not being land situate
(a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand 40 *** ; or
41 (b) in any area within the distance, measured aerially,
(I) not being more than two kilometres, from the local limits of any
municipality or cantonment board referred to in item (a) and which has a
population of more than ten thousand but not exceeding one lakh; or
(II) not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or
(III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh.
Explanation. For the purposes of this sub-clause, population means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year;
42 (iv) 6 per cent.. Gold Bonds, 1977, 43 or 7 per cent.. Gold Bonds, 1980, 44 or National Defence Gold Bonds, 1980, issued by the Central Government;
45 (v) Special Bearer Bonds, 1991, issued by the Central Government;
46 (vi) Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 47 or deposit certificates issued under the Gold Monetisation Scheme, 2015 notified by the Central Government.
48 Explanation. For the removal of doubts, it is hereby clarified that property includes and shall be deemed to have always included any rights in or in relation to an Indian company, including rights of management or control or any other rights whatsoever;
49 (15) charitable purpose includes relief of the poor, education, 50yoga, medical relief, 51preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility:
52Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless
(i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and
(ii) the aggregate receipts from such activity or activities during the
previous year, do not exceed twenty per cent. of the total receipts, of the
trust or institution undertaking such activity or activities, of that previous
year;
53 (15A) Chief Commissioner means a person appointed to be a Chief Commissioner
of Incometax or a Principal Chief Commissioner of Income-tax under sub-section
(1) of section 117;
54 55 (15B) child, in relation to an individual, includes a step-child and an
adopted child of that individual;
56 (16) Commissioner means a person appointed to be a Commissioner of Income-tax
or a Director of Income-tax or a Principal Commissioner of Income-tax or a
Principal Director of Income-tax under sub-section (1) of section 117;
57 (16A) Commissioner (Appeals) means a person appointed to be a Commissioner of
Incometax (Appeals) under sub-section (1) of section 117;
58 (17) company means
(i) any Indian company, or
(ii) any body corporate incorporated by or under the laws of a country outside
India, or
(iii) any institution, association or body which is or was assessable or was
assessed as a company for any assessment year under the Indian Income-tax Act,
1922 (11 of 1922), or which is or was assessable or was assessed under this Act
as a company for any assessment year commencing on or before the 1st day of
April, 1970, or
(iv) any institution, association or body, whether incorporated or not and
whether Indian or non-Indian, which is declared by general or special order of
the Board to be a company:
Provided that such institution, association or body shall be deemed to be a
company only for such assessment year or assessment years (whether commencing
before the 1st day of April, 1971, or on or after that date) as may be specified
in the declaration;
(18) company in which the public are substantially interesteda company is said
to be a company in which the public are substantially interested
59 (a) if it is a company owned by the Government or the Reserve Bank of India
or in which not less than forty per cent.. of the shares are held (whether
singly or taken together) by the Government or the Reserve Bank of India or a
corporation owned by that bank; or
60 (aa) if it is a company which is registered under section 25 of the Companies
Act, 1956 (1 of 1956); or
(ab) if it is a company having no share capital and if, having regard to its
objects, the nature and composition of its membership and other relevant
considerations, it is declared by order of the Board to be a company in which
the public are substantially interested:
Provided that such company shall be deemed to be a company in which the public
are substantially interested only for such assessment year or assessment years
(whether commencing before the 1st day of April, 1971, or on or after that date)
as may be specified in the declaration; or
61 (ac) if it is a mutual benefit finance company, that is to say, a company
which carries on, as its principal business, the business of acceptance of
deposits from its members and which is declared by the Central Government under
section 620A of the Companies Act, 1956 (1 of 1956), to be a Nidhi or Mutual
Benefit Society; or
62 (ad) if it is a company, wherein shares (not being shares entitled to a fixed
rate of dividend whether with or without a further right to participate in
profits) carrying not less than fifty per cent.. of the voting power have been
allotted unconditionally to, or acquired unconditionally by, and were throughout
the relevant previous year beneficially held by, one or more co-operative
societies;
63 (b) if it is a company which is not a private company as defined in the
Companies Act, 1956 (1 of 1956), and the conditions specified either in item (A)
or in item (B) are fulfilled, namely:
(A) shares in the company (not being shares entitled to a fixed rate of dividend
whether with or without a further right to participate in profits) were, as on
the last day of the relevant previous year, listed in a recognised stock
exchange in India in accordance with the Securities Contracts (Regulation) Act,
1956 (42 of 1956), and any rules made thereunder;
64 (B) shares in the company (not being shares entitled to a fixed rate of
dividend whether with or without a further right to participate in profits)
carrying not less than fifty per cent.. of the voting power have been allotted
unconditionally to, or acquired unconditionally by, and were throughout the
relevant previous year beneficially held by
(a) the Government, or
(b) a corporation established by a Central, State or Provincial Act, or
(c) any company to which this clause applies or any subsidiary company of such
company 65 if the whole of the share capital of such subsidiary company has been
held by the parent company or by its nominees throughout the previous year.
Explanation.In its application to an Indian company whose business consists
mainly in the construction of ships or in the manufacture or processing of goods
or in mining or in the generation or distribution of electricity or any other
form of power, item (B) shall have effect as if for the words not less than
fifty per cent., the words not less than forty per cent. had been substituted;
(19) co-operative society means a co-operative society registered under the
Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the
time being in force in any State for the registration of co-operative societies;
66 (19A) Deputy Commissioner means a person appointed to be a Deputy
Commissioner of Income-tax 67 *** under sub-section (1) of section 117;
68 (19AA) demerger, in relation to companies, means the transfer, pursuant to a
scheme of arrangement under sections 391 to 394 of the Companies Act, 1956 (1 of
1956), by a demerged company of its one or more undertakings to any resulting
company in such a manner that
(i) all the property of the undertaking, being transferred by the demerged
company, immediately before the demerger, becomes the property of the resulting
company by virtue of the demerger;
(ii) all the liabilities relatable to the undertaking, being transferred by the
demerged company, immediately before the demerger, become the liabilities of the
resulting company by virtue of the demerger;
(iii) the property and the liabilities of the undertaking or undertakings being
transferred by the demerged company are transferred at values appearing in its
books of account immediately before the demerger;
(iv) the resulting company issues, in consideration of the demerger, its shares
to the shareholders of the demerged company on a 69 proportionate basis except
where the resulting company itself is a shareholder of the demerged company;
(v) the shareholders holding not less than three-fourths in value of the shares
in the demerged company (other than shares already held therein immediately
before the demerger, or by a nominee for, the resulting company or, its
subsidiary) become share-holders of the resulting company or companies by virtue
of the demerger,
otherwise than as a result of the acquisition of the property or assets of the
demerged company or any undertaking thereof by the resulting company;
(vi) the transfer of the undertaking is on a going concern basis;
(vii) the demerger is in accordance with the conditions, if any, notified under
sub-section (5) of section 72A by the Central Government in this behalf.
Explanation 1.For the purposes of this clause, undertaking shall include any
part of an undertaking, or a unit or division of an undertaking or a business
activity taken as a whole, but does not include individual assets or liabilities
or any combination thereof not constituting a business activity.
Explanation 2.For the purposes of this clause, the liabilities referred to in
sub-clause (ii), shall include
(a) the liabilities which arise out of the activities or operations of the
undertaking;
(b) the specific loans or borrowings (including debentures) raised, incurred and
utilised solely for the activities or operations of the undertaking; and
(c) in cases, other than those referred to in clause (a) or clause (b), so much
of the amounts of general or multipurpose borrowings, if any, of the demerged
company as stand in the same proportion which the value of the assets
transferred in a demerger bears to the total value of the assets of such
demerged company immediately before the demerger.
Explanation 3.For determining the value of the property referred to in
sub-clause (iii), any change in the value of assets consequent to their
revaluation shall be ignored.
Explanation 4.For the purposes of this clause, the splitting up or the
reconstruction of any authority or a body constituted or established under a
Central, State or Provincial Act, or a local authority or a public sector
company, into separate authorities or bodies or local authorities or companies,
as the case may be, shall be deemed to be a demerger if such split up or
reconstruction fulfils 70 such conditions as may be notified in the Official
Gazette, by the Central Government;
71 Explanation 5.For the purposes of this clause, the reconstruction or
splitting up of a company, which ceased to be a public sector company as a
result of transfer of its shares by the Central Government, into separate
companies, shall be deemed to be a demerger, if such reconstruction or splitting
up has been made to give effect to any condition attached to the said transfer
of shares and also fulfils such other conditions as may be notified by the
Central Government in the Official Gazette.
(19AAA) demerged company means the company whose undertaking is transferred,
pursuant to a demerger, to a resulting company;
(19B) Deputy Commissioner (Appeals) means a person appointed to be a Deputy
Commissioner of Income-tax (Appeals) 72 or an Additional Commissioner of
Income-tax (Appeals) under sub-section (1) of section 117;
72 (19C) Deputy Director means a person appointed to be a Deputy Director of
Income-tax 73 *** under sub-section (1) of section 117;
(20) director, manager and managing agent, in relation to a company, have the
meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956);
74 (21) Director General or Director means a person appointed to be a Director
General of Income-tax or a Principal Director General of Income-tax or, as the
case may be, a Director of Income-tax or a Principal Director of Income-tax,
under sub-section (1) of section 117, and includes a person appointed under that
sub-section to be an Additional Director of Income-tax or a Joint Director of
Income-tax or an Assistant Director or Deputy Director of Income-tax;
(22) dividend includes
(a) any distribution by a company of accumulated profits, whether capitalised or
not, if such distribution entails the release by the company to its shareholders
of all or any part of the assets of the company;
(b) any distribution to its shareholders by a company of debentures,
debenture-stock, or deposit certificates in any form, whether with or without
interest, and any distribution to its preference shareholders of shares by way
of bonus, to the extent to which the company possesses accumulated profits,
whether capitalised or not;
(c) any distribution made to the shareholders of a company on its liquidation,
to the extent to which the distribution is attributable to the accumulated
profits of the company immediately before its liquidation, whether capitalised
or not;
(d) any distribution to its shareholders by a company on the reduction of its
capital, to the extent to which the company possesses accumulated profits which
arose after the end of the previous year ending next before the 1st day of
April, 1933, whether such accumulated profits have been capitalised or not;
(e) any payment by a company, not being a company in which the public are
substantially interested, of any sum (whether as representing a part of the
assets of the company or otherwise) 75 made after the 31st day of May, 1987, by
way of advance or loan to a shareholder, being a person who is the beneficial
owner of shares (not being shares entitled to a fixed rate of dividend whether
with or without a right to participate in profits) holding not less than ten per
cent. of the voting power, or to any concern in which such shareholder is a
member or a partner and in which he has a substantial interest (hereafter in
this clause referred to as the said concern) or any payment by any such company
on behalf, or for the individual benefit, of any such shareholder, to the extent
to which the company in either case possesses accumulated profits;
but dividend does not include
(i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in
respect of any share issued for full cash consideration, where the holder of the
share is not entitled in the event of liquidation to participate in the surplus
assets;
76 (ia) a distribution made in accordance with sub-clause (c) or sub-clause (d)
in so far as such distribution is attributable to the capitalised profits of the
company representing bonus shares allotted to its equity shareholders after the
31st day of March, 1964 77 and before the 1st day of April, 1965;
(ii) any advance or loan made to a shareholder 78 or the said concern by a
company in the ordinary course of its business, where the lending of money is a
substantial part of the business of the company;
(iii) any dividend paid by a company which is set off by the company against the
whole or any part of any sum previously paid by it and treated as a dividend
within the meaning of subclause (e), to the extent to which it is so set off;
79 (iv) any payment made by a company on purchase of its own shares from a
shareholder in accordance with the provisions of section 77A of the Companies
Act, 1956 (1 of 1956);
(v) any distribution of shares pursuant to a demerger by the resulting company
to the shareholders of the demerged company (whether or not there is a reduction
of capital in the demerged company).
Explanation 1.The expression accumulated profits, wherever it occurs in this
clause, shall not include capital gains arising before the 1st day of April,
1946, or after the 31st day of March, 1948, and before the 1st day of April,
1956.
Explanation 2.The expression accumulated profits in sub-clauses (a), (b), (d)
and (e), shall include all profits of the company up to the date of distribution
or payment referred to in those subclauses, and in sub-clause (c) shall include
all profits of the company up to the date of liquidation,80 but shall not, where
the liquidation is consequent on the compulsory acquisition of its undertaking
by the Government or a corporation owned or controlled by the Government under
any law for the time being in force, include any profits of the company prior to
three successive previous years immediately preceding the previous year in which
such acquisition took place.
81 Explanation 2A.In the case of an amalgamated company, the accumulated
profits, whether capitalised or not, or loss, as the case may be, shall be
increased by the accumulated profits, whether capitalised or not, of the
amalgamating company on the date of amalgamation.
82 Explanation 3.For the purposes of this clause,
(a) concern means a Hindu undivided family, or a firm or an association of
persons or a body of individuals or a company;
(b) a person shall be deemed to have a substantial interest in a concern, other
than a company, if he is, at any time during the previous year, beneficially
entitled to not less than twenty per cent. of the income of such concern;
83 (22A) domestic company means an Indian company, or any other company which,
in respect of its income liable to tax under this Act, has made the prescribed
arrangements for the declaration and payment, within India, of the dividends
(including dividends on preference shares) payable out of such income;
84 (22AA) document includes an electronic record as defined in clause (t) of
sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of
2000);
85 (22AAA) electoral trust means a trust so approved by the Board in accordance
with the scheme made in this regard by the Central Government;
86 87 (22B) fair market value, in relation to a capital asset, means
(i) the price that the capital asset would ordinarily fetch on sale in the open
market on the relevant date; and
(ii) where the price referred to in sub-clause (i) is not ascertainable, such
price as may be determined in accordance with the rules made under this Act;
88 (23) (i) firm shall have the meaning assigned to it in the Indian Partnership
Act, 1932 (9 of 1932), and shall include a limited liability partnership as
defined in the Limited Liability Partnership Act, 2008 (6 of 2009);
(ii) partner shall have the meaning assigned to it in the Indian Partnership
Act, 1932 (9 of 1932), and shall include,
(a) any person who, being a minor, has been admitted to the benefits of
partnership; and
(b) a partner of a limited liability partnership as defined in the Limited
Liability Partnership Act, 2008 (6 of 2009);
(iii) partnership shall have the meaning assigned to it in the Indian
Partnership Act, 1932 (9 of 1932), and shall include a limited liability
partnership as defined in the Limited Liability Partnership Act, 2008 (6 of
2009);
83 (23A) foreign company means a company which is not a domestic company;
89 (23B) fringe benefits means any fringe benefits referred to in section 115WB;
90 (23C) hearing includes communication of data and documents through electronic
mode;
(24) income includes
(i) profits and gains;
(ii) dividend;
91 (iia) voluntary contributions received by a trust created wholly or partly
for charitable or religious purposes or by an institution established wholly or
partly for such purposes 92 or by an association or institution referred to in
clause (21) or clause (23), or by a fund or trust or institution referred to in
sub-clause (iv) or sub-clause (v) 93 or by any university or other educational
institution referred to in sub-clause (iiiad) or sub-clause (vi) or by any
hospital or other institution referred to in sub-clause (iiiae) or sub-clause
(via) of clause (23C), of section 10 94 or by an electoral trust.
Explanation.For the purposes of this sub-clause, trust includes any other legal
obligation;
(iii) the value of any perquisite or profit in lieu of salary taxable under
clauses (2) and (3) of section 17;
95 (iiia) any special allowance or benefit, other than perquisite included under
sub-clause (iii), specifically granted to the assessee to meet expenses wholly,
necessarily and exclusively for the performance of the duties of an office or
employment of profit;
(iiib) any allowance granted to the assessee either to meet his personal
expenses at the place where the duties of his office or employment of profit are
ordinarily performed by him or at a place where he ordinarily resides or to
compensate him for the increased cost of living;
(iv) the value of any benefit or perquisite, whether convertible into money or
not, obtained from a company either by a director or by a person who has a
substantial interest in the company, or by a relative of the director or such
person, and any sum paid by any such company in respect of any obligation which,
but for such payment, would have been payable by the director or other person
aforesaid;
96 (iva) the value of any benefit or perquisite, whether convertible into money
or not, obtained by any representative assessee mentioned in clause (iii) or
clause (iv) of sub-section (1) of section 160 or by any person on whose behalf
or for whose benefit any income is receivable by the representative assessee
(such person being hereafter in this sub-clause referred to as the beneficiary)
and any sum paid by the representative assessee in respect of any obligation
which, but for such payment, would have been payable by the beneficiary;
(v) any sum chargeable to income-tax under clauses (ii) and (iii) of section 28
or section 41 or section 59;
97 (va) any sum chargeable to income-tax under clause (iiia) of section 28;
98 (vb) any sum chargeable to income-tax under clause (iiib) of section 28;
99 (vc) any sum chargeable to income-tax under clause (iiic) of section 28;
100 (vd) the value of any benefit or perquisite taxable under clause (iv) of
section 28;
101 (ve) any sum chargeable to income-tax under clause (v) of section 28;
(vi) any capital gains chargeable under section 45;
(vii) the profits and gains of any business of insurance carried on by a mutual
insurance company or by a co-operative society, computed in accordance with
section 44 or any surplus taken to be such profits and gains by virtue of
provisions contained in the First Schedule;
102 (viia) the profits and gains of any business of banking (including providing
credit facilities) carried on by a co-operative society with its members;
103 * * * * *
104 (ix) any winnings from lotteries, crossword puzzles, races including horse
races, card games and other games of any sort or from gambling or betting of any
form or nature whatsoever.
105 Explanation.For the purposes of this sub-clause,
(i) lottery includes winnings from prizes awarded to any person by draw of lots
or by chance or in any other manner whatsoever, under any scheme or arrangement
by whatever name called;
(ii) card game and other game of any sort includes any game show, an
entertainment programme on television or electronic mode, in which people
compete to win prizes or any other similar game;
106 (x) any sum received by the assessee from his employees as contributions to
any provident fund or superannuation fund or any fund set up under the
provisions of the Employees State Insurance Act, 1948 (34 of 1948), or any other
fund for the welfare of such employees;
107(xi) any sum received under a Keyman insurance policy including the sum
allocated by way of bonus on such policy.
Explanation.For the purposes of this clause, the expression Keyman insurance
policy shall have the meaning assigned to it in the Explanation to clause (10D)
ofsection 10;
108(xii) any sum referred to in 109clause (va) of section 28;
110(xiia) the fair market value of inventory referred to in clause (via) of
section 28;
111(xiii) any sum referred to in clause (v) of sub-section (2) of section 56;
112 (xiv) any sum referred to in clause (vi) of sub-section (2) of section 56;
113 (xv) any sum of money or value of property referred to in clause (vii) 114
or clause (viia) of sub-section (2) of section 56;
115 (xvi) any consideration received for issue of shares as exceeds the fair
market value of the shares referred to in clause (viib) of sub-section (2) of
section 56;
116 (xvii) any sum of money referred to in clause (ix) of sub-section (2) of
section 56;
117 (xviia) any sum of money or value of property referred to in clause (x) of
sub-section (2) section 56;
118 (xviib) any compensation or other payment referred to in clause (xi) of
sub-section (2) of section 56;
119 (xviii) assistance in the form of a subsidy or grant or cash incentive or
duty drawback or waiver or concession or reimbursement (by whatever name called)
by the Central Government or a State Government or any authority or body or
agency in cash or kind to the assessee 120 other than,
(a) the subsidy or grant or reimbursement which is taken into account for
determination of the actual cost of the asset in accordance with the provisions
of Explanation 10 to clause (1) of section 43; or
(b) the subsidy or grant by the Central Government for the purpose of the corpus
of a trust or institution established by the Central Government or a State
Government, as the case may be;
(25) Income-tax Officer means a person appointed to be an Income-tax Officer
under 121*** section 117;
122(25A) India means the territory of India as referred to in article 1 of the
Constitution, its territorial waters, seabed and subsoil underlying such waters,
continental shelf, exclusive economic zone or any other maritime zone as
referred to in the Territorial Waters, Continental Shelf, Exclusive Economic
Zone and other Maritime Zones Act, 1976 (80 of 1976), and the air space above
its territory and territorial waters;
(26) Indian company means a company formed and registered under the Companies
Act, 1956 (1 of 1956), and includes
(i) a company formed and registered under any law relating to companies formerly
in force in any part of India 123other than the State of Jammu and Kashmir and
the Union territories specified in sub-clause (iii) of this clause;
124(ia) a corporation established by or under a Central, State or Provincial
Act;
(ib) any institution, association or body which is declared by the Board to be a
company under clause (17);
(ii) in the case of the State of Jammu and Kashmir, a company formed and
registered under any law for the time being in force in that State;
125 (iii) in the case of any of the Union territories of Dadra and Nagar Haveli,
Goa, Daman and Diu, and Pondicherry, a company formed and registered under any
law for the time being in force in that Union territory:
Provided that the 126 registered or, as the case may be, principal office of the
company, corporation, institution, association or body in all cases is in India;
127 (26A) infrastructure capital company means such company which makes
investments by way of acquiring shares or providing long-term finance to any
enterprise or undertaking wholly engaged in the business referred to in
sub-section (4) of section 80-IA or sub-section (1) of section 80-IAB or an
undertaking developing and building a housing project referred to in sub-section
(10) of section 80-IB or a project for constructing a hotel of not less than
three-star category as classified by the Central Government or a project for
constructing a hospital with at least one hundred beds for patients;
(26B) infrastructure capital fund means such fund operating under a trust deed
registered under the provisions of the Registration Act, 1908 (16 of 1908)
established to raise monies by the trustees for investment by way of acquiring
shares or providing long-term finance to any enterprise or undertaking wholly
engaged in the business referred to in sub-section (4) of section 80-IA or
sub-section (1) of section 80-IAB or an undertaking developing and building a
housing project referred to in sub-section (10) of section 80-IB or a project
for constructing a hotel of not less than three-star category as classified by
the Central Government or a project for constructing a hospital with at least
one hundred beds for patients;
128 * * * * *
(28) Inspector of Income-tax means a person appointed to be an Inspector of
Income-tax under 1295 sub-section (1) of section 117;
130 (28A) interest means interest payable in any manner in respect of any moneys
borrowed or debt incurred (including a deposit, claim or other similar right or
obligation) and includes any service fee or other charge in respect of the
moneys borrowed or debt incurred or in respect of any credit facility which has
not been utilised;
131 (28B) interest on securities means,
(i) interest on any security of the Central Government or a State Government;
(ii) interest on debentures or other securities for money issued by or on behalf
of a local authority or a company or a corporation established by a Central,
State or Provincial Act;
132 (28BB) insurer means an insurer, being an Indian insurance company, as
defined under clause (7A) of section 2 of the Insurance Act, 1938 (4 of 1938),
which has been granted a certificate of registration under section 3 of that
Act;
133 (28C) Joint Commissioner means a person appointed to be a Joint Commissioner
of Income-tax or an Additional Commissioner of Income-tax under sub-section (1)
of section 117;
(28D) Joint Director means a person appointed to be a Joint Director of
Income-tax or an Additional Director of Income-tax under sub-section (1) of
section 117;
(29) legal representative has the meaning assigned to it in clause (11) of
section 2 of the Code of Civil Procedure, 1908 (5 of 1908);
134 (29A) long-term capital asset means a capital asset which is not a
short-term capital asset;
(29B) long-term capital gain means capital gain arising from the transfer of a
long-term capital asset;
135 (29BA) manufacture, with its grammatical variations, means a change in a
non-living physical object or article or thing,
(a) resulting in transformation of the object or article or thing into a new and
distinct object or article or thing having a different name, character and use;
or
(b) bringing into existence of a new and distinct object or article or thing
with a different chemical composition or integral structure;
136 (29C) maximum marginal rate means the rate of income-tax (including
surcharge on income-tax, if any) applicable in relation to the highest slab of
income in the case of an individual 137 , association of persons or, as the case
may be, body of individuals as specified in the Finance Act of the relevant
year;
138 (29D) National Tax Tribunal means the National Tax Tribunal established
under section 134 of the National Tax Tribunal Act, 2005;
(30) non-resident means a person who is not a resident 1398 , and for the
purposes of sections 92, 93 140 *** and 168, includes a person who is not
ordinarily resident within the meaning of clause (6) of section 6;
(31) person includes
(i) an individual,
(ii) a Hindu undivided family,
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether incorporated or
not,
(vi) a local authority, and
(vii) every artificial juridical person, not falling within any of the preceding
sub-clauses.
141 Explanation.For the purposes of this clause, an association of persons or a
body of individuals or a local authority or an artificial juridical person shall
be deemed to be a person, whether or not such person or body or authority or
juridical person was formed or established or incorporated with the object of
deriving income, profits or gains;
(32) person who has a substantial interest in the company, in relation to a
company, means a person who is the beneficial owner of shares, not being shares
entitled to a fixed rate of dividend whether with or without a right to
participate in profits, carrying not less than twenty per cent. of the voting
power ;
(33) prescribed means prescribed by rules made under this Act;
(34) previous year means the previous year as defined in section 3;
142 (34A) Principal Chief Commissioner of Income-tax means a person appointed to
be a Principal Chief Commissioner of Income-tax under sub-section (1) of section
117;
(34B) Principal Commissioner of Income-tax means a person appointed to be a
Principal Commissioner of Income-tax under sub-section (1) of section 117;
(34C) Principal Director of Income-tax means a person appointed to be a
Principal Director of Income-tax under sub-section (1) of section 117;
(34D) Principal Director General of Income-tax means a person appointed to be a
Principal Director General of Income-tax under sub-section (1) of section 117;
(35) principal officer, used with reference to a local authority or a company or
any other public body or any association of persons or any body of individuals,
means
(a) the secretary, treasurer, manager or agent of the authority, company,
association or body, or
(b) any person connected with the management or administration of the local
authority, company, association or body upon whom the Z143 Assessing Officer has
served a notice of his intention of treating him as the principal officer
thereof; (36) profession includes vocation;
144 (36A) public sector company means any corporation established by or under
any Central, State or Provincial Act or a Government company as defined in
section 617 of the Companies Act, 1956 (1 of 1956);
(37) public servant has the same meaning as in section 21 of the Indian Penal
Code (45 of 1860);
145 (37A) rate or rates in force or rates in force, in relation to an assessment
year or financial year, means
(i) for the purposes of calculating income-tax under the first proviso to
sub-section (5) of section 132, or computing the income-tax chargeable under
sub-section (4) of section 172 or sub-section (2) of section 174 or section 175
or sub-section (2) of section 176 or deducting income-tax under section 192 from
income chargeable under the head Salaries 146 *** or 147 computation of the
advance tax payable under Chapter XVIIC 148 in a case not falling under section
115A or 149 section 115B 150 or section 115BB or section 115BBB or section 115E
or section 164 or section 164A 151 *** 152 or section 167B, the rate or rates of
income-tax specified in this behalf in the Finance Act of the relevant year, and
for the purposes of computation of the advance tax payable under Chapter XVII-C
153 in a case falling under section 115A or 154section 115B 150 or section 115BB
or section 115BBB or section 115E or section 164 or section 164A 151 *** 152 or
section 167B, the rate or rates specified in section 115A or 149 section 115B
150 or section 115BB or section 115BBB or section 115E or section 164 or section
164A 151 *** 152 or section 167B, as the case may be, or the rate or rates of
income-tax specified in this behalf in the Finance Act of the relevant year,
whichever is applicable;
(ii) for the purposes of deduction of tax under sections 193, 194, 155194A,
156194B, 194BB 157and 194D, the rate or rates of income-tax specified in this
behalf in the Finance Act of the relevant year;
(iii) for the purposes of deduction of tax under 158section 194LBA or 159section
194LBB or section 194LBC or section 195, the rate or rates of income-tax
specified in this behalf in the Finance Act of the relevant year or the rate or
rates of income-tax specified in 160an agreement entered into by the Central
Government under section 90, or an agreement notified by the Central Government
under section 90A, whichever is applicable by virtue of the provisions of
section 90, or section 90A, as the case may be;
(38) recognised provident fund means a provident fund which has been and
continues to be recognised by the 161 162Principal Chief Commissioner or Chief
Commissioner or 16218Principal Commissioner or Commissioner in accordance with
the rules contained in Part A of the Fourth Schedule, and includes a provident
fund established under a scheme framed under the Employees Provident Funds Act,
1952 (19 of 1952);
163 * * * * *
(40) regular assessment means the assessment made under 164 sub-section (3) of
section 143 or section 144;
(41) relative, in relation to an individual, means the husband, wife, brother or
sister or any lineal ascendant or descendant of that individual;
165 (41A) resulting company means one or more companies (including a wholly
owned subsidiary thereof) to which the undertaking of the demerged company is
transferred in a demerger and, the resulting company in consideration of such
transfer of undertaking, issues shares to the shareholders of the demerged
company and includes any authority or body or local authority or public sector
company or a company established, constituted or formed as a result of demerger;
(42) resident means a person who is resident in India within the meaning of
section 6;
166 (42A) 167 short-term capital asset means a capital asset held by an assessee
for not more than 168 thirty-sixmonths immediately preceding the date of its
transfer:
169 Provided that in the case of 170 a security (other than a unit) listed in a
recognised stock exchange in India 171 or a unit of the Unit Trust of India
established under the Unit Trust of India Act, 1963 (52 of 1963) or 172a unit of
an equity oriented fund 17311or a zero coupon bond, the provisions of this
clause shall have effect as if for the words thirty-six months, the words twelve
months had been substituted:
174Provided further that in case of a share of a company (not being a share
listed in a recognised stock exchange) or a unit of a Mutual Fund specified
under clause (23D) of section 10, which is transferred during the period
beginning on the 1st day of April, 2014 and ending on the 10th day of July,
2014, the provisions of this clause shall have effect as if for the words
thirty-six months, the words twelve months had been substituted:
175Provided also that in the case of a share of a company (not being a share
listed in a recognised stock exchange in India), 176or an immovable property,
being land or building or both the provisions of this clause shall have effect
as if for the words thirty-six months, the words twenty-four months had been
substituted.
177Explanation 1.(i) In determining the period for which any capital asset is
held by the assessee
(a) in the case of a share held in a company in liquidation, there shall be
excluded the period subsequent to the date on which the company goes into
liquidation;
(b) in the case of a capital asset which becomes the property of the assessee in
the circumstances mentioned in 178 sub-section (1) of section 49, there shall be
included the period for which the asset was held by the previous owner referred
to in the said section;
179 (ba) in the case of a capital asset referred to in clause (via) of section
28, the period shall be reckoned from the date of its conversion or treatment;
180 (c) in the case of a capital asset being a share or shares in an Indian
company, which becomes the property of the assessee in consideration of a
transfer referred to in clause (vii) of section 47, there shall be included the
period for which the share or shares in the amalgamating company were held by
the assessee;
181 (d) in the case of a capital asset, being a share or any other security
(hereafter in this clause referred to as the financial asset) subscribed to by
the assessee on the basis of his right to subscribe to such financial asset or
subscribed to by the person in whose favour the assessee has renounced his right
to subscribe to such financial asset, the period shall be reckoned from the date
of allotment of such financial asset;
(e) in the case of a capital asset, being the right to subscribe to any
financial asset, which is renounced in favour of any other person, the period
shall be reckoned from the date of the offer of such right by the company or
institution, as the case may be, making such offer;
182 (f) in the case of a capital asset, being a financial asset, allotted
without any payment and on the basis of holding of any other financial asset,
the period shall be reckoned from the date of the allotment of such financial
asset;
183 (g) in the case of a capital asset, being a share or shares in an Indian
company, which becomes the property of the assessee in consideration of a
demerger, there shall be included the period for which the share or shares held
in the demerged company were held by the assessee;
184 (h) in the case of a capital asset, being trading or clearing rights of a
recognised stock exchange in India acquired by a person pursuant to
demutualisation or corporatisation of the recognised stock exchange in India as
referred to in clause (xiii) of section 47, there shall be included the period
for which the person was a member of the recognised stock exchange in India
immediately prior to such demutualisation or corporatisation;
(ha) in the case of a capital asset, being equity share or shares in a company
allotted pursuant to demutualisation or corporatisation of a recognised stock
exchange in India as referred to in clause (xiii) of section 47, there shall be
included the period for which the person was a member of the recognised stock
exchange in India immediately prior to such demutualisation or corporatisation;
185 (hb) in the case of a capital asset, being any specified security or sweat
equity shares allotted or transferred, directly or indirectly, by the employer
free of cost or at concessional rate to his employees (including former employee
or employees), the period shall be reckoned from the date of allotment or
transfer of such specified security or sweat equity shares;
186 (hc) in the case of a capital asset, being a unit of a business trust,
allotted pursuant to transfer of share or shares as referred to in clause (xvii)
of section 47, there shall be included the period for which the share or shares
were held by the assessee;
187 (hd) in the case of a capital asset, being a unit or units, which becomes
the property of the assessee in consideration of a transfer referred to in
clause (xviii) of section 47, there shall be included the period for which the
unit or units in the consolidating scheme of the mutual fund were held by the
assessee;
(he) in the case of a capital asset, being share or shares of a company, which
is acquired by the non-resident assessee on redemption of Global Depository
Receipts referred to in clause (b) of sub-section (1) of section 115AC held by
such assessee, the period shall be reckoned from the date on which a request for
such redemption was made;
188 (hf) in the case of a capital asset, being equity shares in a company, which
becomes the property of the assessee in consideration of a transfer referred to
in clause (xb) of section 47, there shall be included the period for which the
preference shares were held by the assessee;
189 (hg) in the case of a capital asset, being a unit or units, which becomes
the property of the assessee in consideration of a transfer referred to in
clause (xix) of section 47, there shall be included the period for which the
unit or units in the consolidating plan of a mutual fund scheme were held by the
assessee;
(ii) In respect of capital assets other than those mentioned in clause (i), the
period for which any capital asset is held by the assessee shall be determined
subject to any ruleswhich the Board may make in this behalf.
190 Explanation 2.For the purposes of this clause, the expression security shall
have the meaning assigned to it in clause (h) of section 2 of the Securities
Contracts (Regulation) Act, 1956 (42 of 1956).
185 Explanation 3.For the purposes of this clause, the expressions specified
security and sweat equity shares shall have the meanings respectively assigned
to them in the Explanation to clause (d) of sub-section (1) of section 115WB.
191 Explanation 4.For the purposes of this clause, the expression equity
oriented fund shall have the meaning assigned to it in 192 clause (a) of the
Explanation to section 112A;
193 (42B) short-term capital gain means capital gain arising from the transfer
of a short-term capital asset;
194 (42C) slump sale means the transfer of one or more undertakings as a result
of the sale for a lump sum consideration without values being assigned to the
individual assets and liabilities in such sales.
Explanation 1.For the purposes of this clause, undertaking shall have the
meaning assigned to it in Explanation 1 to clause (19AA).
Explanation 2.For the removal of doubts, it is hereby declared that the
determination of the value of an asset or liability for the sole purpose of
payment of stamp duty, registration fees or other similar taxes or fees shall
not be regarded as assignment of values to individual assets or liabilities;
195 (43) tax in relation to the assessment year commencing on the 1st day of
April, 1965, and any subsequent assessment year means income-tax chargeable
under the provisions of this Act, and in relation to any other assessment year
income-tax and super-tax chargeable under the provisions of this Act prior to
the aforesaid date 196 and in relation to the assessment year commencing on the
1st day of April, 2006, and any subsequent assessment year includes the fringe
benefit tax payable under section 115WA;
(43A) tax credit certificate means a tax credit certificate granted to any
person in accordance with the provisions of Chapter XXII-B and any scheme made
thereunder;
197 * * * * *
198 (44) Tax Recovery Officer means any Income-tax Officer who may be authorised
by the 199 Principal Chief Commissioner or Chief Commissioner or 200Principal
Commissioner or Commissioner, by general or special order in writing, to
exercise the powers of a Tax Recovery Officer 201and also to exercise or perform
such powers and functions which are conferred on, or assigned to, an Assessing
Officer under this Act and which may be prescribed;
(45) "total income" means the total amount of income referred to in section 5,
computed in the manner laid down in this Act;
202 * * * * *
203 (47) "transfer", in relation to a capital asset, includes,-
(i) the sale, exchange or relinquishme nt of the asset; or
(ii) the extinguishment of any rights therein; or
(iii) the compulsory acquisition thereof under any law; or
(iv) in a case where the asset is converted by the owner thereof into, or is
treated by him as, stock-in-trade of a business carried on by him, such
conversion or treatment; 2043 or
205 (iva) the maturity or redemption of a zero coupon bond; or
204 (v) any transaction involving the allowing of the possession of any
immovable property to be taken or retained in part performance of a contract of
the nature referred to in section 53A of the Transfer of Property Act, 1882 (4
of 1882); or
(vi) any transaction (whether by way of becoming a member of, or acquiring
shares in, a co-operative society, company or other association of persons or by
way of any agreement or any arrangement or in any other manner whatsoever) which
has the effect of transferring, or enabling the enjoyment of, any immovable
property.
206 Explanation 1.-For the purposes of sub-clauses (v) and (vi), "immovable
property" shall have the same meaning as in clause (d) of section 269UA.
207 Explanation 2.-For the removal of doubts, it is hereby clarified that
"transfer" includes and shall be deemed to have always included disposing of or
parting with an asset or any interest therein, or creating any interest in any
asset in any manner whatsoever, directly or indirectly, absolutely or
conditionally, voluntarily or involuntarily, by way of an agreement (whether
entered into in India or outside India) or otherwise, notwithstanding that such
transfer of rights has been characterised as being effected or dependent upon or
flowing from the transfer of a share or shares of a company registered or
incorporated outside India;
208 (48) "zero coupon bond" means a bond-
(a) issued by any infrastructure capital company or infrastructure capital fund
or public sector company 209 or scheduled bank on or after the 1st day of June,
2005;
(b) in respect of which no payment and benefit is received or receivable before
maturity or redemption from infrastructure capital company or infrastructure
capital fund or public sector company 209 or scheduled bank; and
(c) which the Central Government may, by notification in the Official Gazette,
specify in this behalf.
210 Explanation.-For the purposes of this clause, the expression "scheduled
bank" shall have the meaning assigned to it in clause (ii) of the Explanation to
sub-clause (c) of clause (viia) of sub-section (1) of section 36.
Section 3 Previous year defined
Section 4 Charge of income-tax
Section 5 Scope of total income
Section 5A Apportionment of income between spouses governed by Portuguese Civil Code
Section 7 Income deemed to be received
Section 9 Income deemed to accrue or arise in India
Section 9A Certain activities not to constitute business connection in India