Income-tax Act,1961
Act No : 43
Section :
Definitions.
2. Definitions In this Act, unless the context otherwise requires,- 3[(1) "advance tax" means the advance tax payable in accordance with the provisions of Chapter XVII-C;] 4[(1A)] "agricultural income" means- (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 ---------------------------------------------------------------------- 1.32 (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: 1[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 out-building, 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 according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or (B) in any area within such distance, not being more than eight kilometers, from the local limits of any municipality or cantonment board referred to in item (A), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification2 in the Official Gazette.] 3[Explanation.-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;] ---------------------------------------------------------------------- 1 Substituted by the Taxation Laws (Amendment) Act, 1970, w.r.e.f. 1-4-1962. 2 Inserted by the Finance Act, 1989 w.r.e.f. 1-4-1970. ----------------------------------------------------------------------- 1.33 1[2[(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 nine-tenths 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;] (2) "annual value", in relation to any property, means its annual value as determined under section 23; 3[(3) Omitted by the Direct Tax Laws (Amendment) Act, 1987, with effect from 1 April, 1988.] (4) "Appellate Tribunal" means the Appellate Tribunal constituted under section 252; ----------------------------------------------------------------------- 1 Inserted by the Finance (No. 2) Act, 1967 w.e.f. 1-4-1967. 2 Renumbered for "(1A)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 3 Prior to the omission, clause (3), as originally enacted, read as under: "(3) "Appellate Assistant Commissioner" means a person appointed to be an Appellate Assistant Commissioner of Income-tax under sub- section (1) of section 117;" ---------------------------------------------------------------------- 1.34 (5) "approved gratuity fund" means a gratuity fund which has been and continues to be approved by the 1[Chief 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 2[Chief Commissioner or Commissioner] in accordance with the rules contained in Part B of the Fourth Schedule; (7) "assessee" means a person by whom 3[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 assessment of his income 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; 4[(7A) "Assessing Officer" means the Assistant Commissioner or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub- section (2) of section 120 or any other provision of this Act, and the Deputy Commissioner 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; 5[(9A) "Assistant Commissioner" means a person appointed to be an Assistant Commissioner 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; 6[(11) "block of assets" means a group of assets falling within a class of assets, being buildings, machinery, plant or furniture, in respect of which the same percentage of depreciation is prescribed;] ---------------------------------------------------------------------- 1 Substituted for 'Commissioner' by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 2 Ibid. 3 Substituted for "income-tax or super-tax" by the Finance Act, 1965, w.e.f. 1-4-1965. 4 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1988. 5 Ibid. 6 Inserted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 1-4-1988. Earlier, the original clause was omitted by the Finance Act, 1965, w.e.f. 1-4-1965. ----------------------------------------------------------------------- 1.35 (12) "Board" means the 1[Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 19632 (54 of 1963)]; (13) "business" includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture; (14) "capital asset" means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include- (i) any stock-in-trade, consumable stores or raw materials held for the purposes of his business or profession; 3[(ii) 4 personal effects, that is to say, movable property (including wearing apparel and furniture, but excluding jewellery) held for personal use by the assessee or any member of his family dependent on him. Explanation.-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 semiprecious 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;] 5[(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 according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or 6(b) in any area within such distance, not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a), as the Central Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the Official Gazette;] ---------------------------------------------------------------------- 1 Substituted for "Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (4 of 1924)" by the Central Boards of Revenue Act, 1963, w.e.f. 1-1-1964. 2 Substituted by the Finance Act, 1972, w.e.f. 1-4-1973. 3 Substituted for "(iii) agricultural land in India" by the Finance Act, 1970, w.e.f. 1-4-1970. ---------------------------------------------------------------------- 1.36 1[(iv) 6 1/2 per cent Gold Bonds, 1977, 2[or 7 per cent Gold Bonds, 1980,] 1[or National Defence Gold Bonds, 1980,] issued by the Central Government;] 4[(V) Special Bearer Bonds, 1991, issued by the Central Government;] (15) 5 "charitable purpose" includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility 6[* * *]; ---------------------------------------------------------------------- 1 Inserted by the Taxation Laws (Amendment) Act, 1962, w.e.f. 13-12- 1962. 2 Inserted by the Finance (No. 2) Act, 1965, w.e.f. 1-4-1965. 3 Inserted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1965, w.e.f. 4-12-1965. 4 Inserted by the Special Bearer Bonds (Immunities and Exemptions) Act, 1981, w.e.f. 12-1-1981. 5 The words 'not involving the carrying on of any activity for profit' omitted by the Finance Act, 1983, w.e.f. 1-4-1984. ---------------------------------------------------------------------- 1.37 1[(15A) "Chief Commissioner" means a person appointed to be a Chief Commissioner of Income-tax under sub-section (1) of section 117;] 2[3[(15B)] "child", in relation to an individual, includes a step-child and an adopted child of that individual;] 4[(16) "Commissioner" means a person appointed to be a Commissioner of Income-tax under sub-section (1) of section 117 5[* * *];] 6[(16A) "Commissioner (Appeals)" means a person appointed to be a Commissioner of Income-tax (Appeals) under sub-section (1) of section 117;] 7[(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;] ----------------------------------------------------------------------- 1 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1988. 2 Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4- 1976. 3 Renumbered for "(15A)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4 Substituted by the Finance Act, 1970, w.e.f. 1-4-1970. 5 The words " and includes a person appointed to be an Additional Commissioner of Income-tax under that sub-section" omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 6 Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 7 Substituted by the Finance (No. 2) Act, 1971, w.e.f. 1-4-1971. ---------------------------------------------------------------------- 1.38 (18) "company in which the public are substantially interested" -- a company is said to be a company in which the public are substantially interested-- 2[(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] 3[(aa) if it is a company which is registered under section 25 of the Companies Act, 19564 (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] 5[(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, 19566 (1 of 1956), to be a Nidhi or Mutual Benefit Society; or] 7[(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;] 8[(b) if it is a company which is not a private company as defined in the Companies Act, 19569 (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 --------------------------------------------------------------------- 2 Substituted by the Finance Act, 1964, w.e.f. 1-4-1964. 3 Inserted by the Finance (No. 2) Act, 1971, w.e.f. 1-4-1971. 4 Inserted by the Finance Act, 1985, w.r.e.f. 1-4- 5 Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. 6 Substituted by the Finance Act, 1969, w.e.f. 1-4-1970. Earlier, it was amended by the Finance Act, 1965, w.e.f. 1-4-1965 and the Finance Act, 1966, w.e.f. 1-4-1966. --------------------------------------------------------------------- 1.39 accordance with the Securities Contracts (Regulation) Act, 1956 1 (42 of 1956), and any rules made thereunder; 2[(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 1[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 4 (2 of 1912), or under any other law for the time being in force in any State for the registration of co-operative societies; 5[(19A) "Deputy Commissioner" means a person appointed to be a Deputy Commissioner of Income-tax 6[or an Additional Commissioner of Income-tax] under sub-section (1) of section 117; (19B) "Deputy Commissioner (Appeals)" means a person appointed to be a Deputy Commissioner of Income-tax (Appeals) 7 [or an Additional Commissioner of Income-tax (Appeals)] under sub-section (1) of section 117;] 8[(19c) "Deputy Director" means a person appointed to be a Deputy Director of Income-tax or an Additional Director of Income-tax under sub-section (1) of section 117;] (20) "director", "manager" and "managing agent", in relation to a --------------------------------------------------------------------- 2 Substituted by the Finance Act, 1983, w.e.f. 2-4-1983. 3 Substituted for 'where such subsidiary company fulfils the conditions laid down in clause (b) of section 108' by the Finance Act, 1987, w.e.f. 1-4-1988. 4 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 5 Inserted by the Finance Act, 1994, w.e.f. 1-6-1994. 6 Ibid. --------------------------------------------------------------------- 1.40 company, have the meanings respectively assigned to them in the Companies Act, 1956 1 (1 of 1956); 2[(21) "Director General or Director" means a person appointed to be a Director General of Income-tax or, as the case may be, a Director of Income-tax, under sub-section (1) of section 117, and includes a person appointed under that sub-section to be 3[an Additional Director of Income-tax or] a Deputy Director of Income-tax or an Assistant Director of Income-tax;] (22) 4"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) 5[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 --------------------------------------------------------------------- 1 Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Prior to the substitution, clause (21) read as under: (21) 'Director of Inspection' means a person appointed to be a Director of Inspection under sub-section (1) of section 117, and includes a person appointed to be an Additional Director of Inspection, a Deputy Director of Inspection or an Assistant Director of Inspection;' 3 Inserted by the Finance Act, 1994, w.e.f. 1-6-1994. 5 Substituted for 'by way of advance or loan to a shareholder, being a person who has a substantial interest in the company,' by the Finance Act, 1987, w.e.f. 1-4-1988. --------------------------------------------------------------------- 1.41 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; 1[(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, 2[and before the 1st day of April, 1965];] (ii) any advance or loan made to a shareholder 3[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 sub-clause (e), to the extent to which it is so set off. 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 sub-clauses, and in subclause (c) shall include all profits of the company up to the. date of liquidation, 4[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]. 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;] --------------------------------------------------------------------- 1 Inserted by the Finance Act, 1965, w.e.f. 1-4-1965. 2 Inserted by the Finance Act, 1966, w.e.f. 1-4-1966. 3 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. 4 Inserted by the Direct Taxes (Amendment) Act, 1964, w.r.e.f. 1-4- 1962. 5 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. --------------------------------------------------------------------- 1.4 (23) "firm", "partner" and "partnership" have the meanings respectively assigned to them in the Indian Partnership Act, 1932 4 (9 of 1932); but the expression "partner" shall also include any person who, being a minor has been admitted to the benefits of partnership; 5[(23A) "foreign company" means a company which is not a domestic company;] (24) 6"income" includes- (i) profits and gains; (ii) dividend; 7[(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 8[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 subclause (iv) or sub-clause (v) of clause (23C) of section 10]. Explanation.-For the purposes of this sub-clause, "trust" includes any other legal obligation;] --------------------------------------------------------------------- 1 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. quit 2 Inserted by the Finance Act, 1964, w.e.f. 1-4-1964. 3 Renumbered for "(22A)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 5 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 7 Inserted by the- Finance Act, 1972, w.e.f. 1-4-1973. 8 Substituted for 'or by a trust or institution of national importance refer-red to in clause (d) of sub-section (1) of section 80F" by the Direct Tax Laws (Amendment), Act, 1989, w.e.f. 1-4-1989. Earlier, the said expression was substituted for " not being contributions made with a specific direction that they shall form part of the corpus of the trust or institution' by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date. --------------------------------------------------------------------- 1.43 (iii) the value of any perquisite or profit in lieu of salary taxable under clauses (2) and (3) of section 17; 1[(iiia) any special allowance 2 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; 3[(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; 4[(va) any sum chargeable to income-tax under clause (iiia) of section 28;] 5[(vb)] any sum chargeable to income-tax under clause (iiib) of section 28; 6[(VC ) any sum chargeable to income-tax under clause (iiic) of section 28;] 7[(vd)] the value of any benefit or perquisite taxable under clause (iv) of section 28; 8[(ve) any sum chargeable to income-tax under clause (v) of section 28;] --------------------------------------------------------------------- 1 Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.r.e.f. 1-4-1962 2 Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1980. 3 Inserted by the Finance Act, 1990, w.r.e.f. 1-4-1962. 4 Inserted, ibid, w.r.e.f. 1-4-1967. 5 Inserted by the Finance Act, 1990, w.r.e.f. 1-4-1972. 6 Renumbered for "(va)" by the Finance Act, 1990, w.e.f. 1-4- 1990. The original clause (va) was inserted by the Finance Act, 1964, w.e.f. 1-4-1964. 8 Inserted by the Finance Act, 1992, w.e.f. 1-4-1993. --------------------------------------------------------------------- 1.44 (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; 1[(viii) Omitted by the Finance Act, 1988, with effect from April, 1988. It was inserted by the Finance Act, 1964, w.e.f 1-4-1964.] 2[(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;] 3[(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;] --------------------------------------------------------------------- 1 Prior to omission, sub-clause (viii) read as under: "(viii) any annuity due, or commuted value of any annuity paid, under the provisions of section 280D;" 2 Inserted by the Finance Act, 1972 w.e.f. 1-4-1972. 3 Inserted by the Finance Act, 1987 w.e.f. 1-4-1988. --------------------------------------------------------------------- 1.45 interest in the company or a relative of the director or the other person. 4. The word 'income' is of the widest amplitude and it must be given its natural and grammatical meaning. The definition of income in section 2(24) is inclusive. The purpose of the definition is not to limit the meaning of 'income' but to widen its net and the several clauses therein are not exhaustive of the meaning of income; even if a receipt did not fall within the ambit of any of those clauses, it might still be income if it partook the nature of income. The words "other games of any sort' were of wide amplitude and their meaning was not confined to mere gambling or betting activities. Assuming that the expression "winnings" had acquired a particular meaning viz. receipts from activities of a gambling or betting nature only, it did not follow that monies received from non-gambling or non-betting activities were not included within the ambit of income. The assessee participated in a car rally and won a prize. The car rally was a contest, if not a race and the assessee entered the contest to win it. What he got was a return for his skill and endurance. It was "income" construed in its widest sense. Though it was casual in nature, it was nevertheless income. (25) "Income-tax-Officer" means a person appointed to be an Income-tax Officer under 1[* * *] section 117; 2[(25A) "India" shall be deemed to include the Union territories of Dadra and Nagar Haveli, Goa, Daman and Diu and Pondicherry,- (a) as respects any period, for the purposes of section 6; and (b) as respects any period included in the previous year, for the purposes of making any assessment for the assessment year commencing on the 1st day of April, 1963, or for any subsequent year;] (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 (other than the State of Jammu and Kashmir 3[and the Union territories specified in sub-clause (iii) of this clause]); 4[(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; 5[(iii) in the case of any of the Union territories of Dadra and Nagar --------------------------------------------------------------------- 1 The words 'sub-section (1) of' omitted by the Direct Tax Laws (Amendment) Act, 1989, w.r.e.f. 1-4-1988. Earlier, they were inserted by the Direct Tax Laws (Amendment.) Act, 1987, with effect from the same date. 2 Inserted by the Taxation Laws (Extension 'to Union Territories) Regulation, 1963, w.e.f. 1-4-1963. 3 Ibid. 4 Inserted by the Finance (No. 2) Act, 1971, w.e.f. 1-4-1971. 5 Inserted by the Taxation Laws (Extension to Union Territories) Regulation, 1963, w.e.f. 1-4-1963. --------------------------------------------------------------------- 1.46 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 1[registered or, as the case may be, principal office of the company, corporation, institution, association or body] in all cases is in India; 4[ (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;] 6[(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;] (29) "legal representative" has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 7 (5 of 1908); 8[(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;] 9[(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 10[association of --------------------------------------------------------------------- 1 Substituted for "registered office of the company" by the Finance (No. 2) Act, 1971, w.e.f. 1-4-1971. 2 Prior to omission, clause (27) read as under: "(27) 'Inspecting Assistant Commissioner' means a person appointed to be an Inspecting Assistant Commissioner of Income-tax under sub-section (1) of section 117; 3 Substituted for "(2)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4 Inserted by the Finance Act, 1976, w.e.f. 1-6-1976. 5 Inserted by the Finance Act, 1988, w.e.f. 1-4-1989. 6 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. 7 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 8 Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-4-1991. --------------------------------------------------------------------- 1.47 persons or, as the case may be, body of individuals] as specified in the Finance Act of the relevant year;] (30)"non-resident" means a person who is not a 'resident', and for the purposes of sections 92, 93 1[* * *] and 168, includes a person who is not ordinarily resident within the meaning of sub- section (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; (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; (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 2[Assessing] Officer has served a notice of his intention of treating him as the principal officer thereof; (36) "Profession" includes vocation; 3[(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, 19564 (1 of 1956);] (37) "public servant" has the same meaning as in section 21 of the Indian Penal Code, 18605 (45 of 1860); 6[(37A) "rate or rates in force" or "rates in force", in relation to an assessment year or financial year, mean- --------------------------------------------------------------------- 1 The figure 113 omitted by the Finance Act, 1965, w.e.f. 1-4-1965. 2 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3 Inserted by the Finance Act, 1987, w.e.f. 1-4-1987. 5 Inserted by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967. --------------------------------------------------------------------- 1.48 (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" 1[* * *] or 2 [computation of the "advance tax" payable under Chapter XVII-C, in a case not falling under 3[section 115A or section 115B 4[or section 115BB or section 115E] or] section 164 5[or section 164A 6[* * *]] 7[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 8[in a case falling under section 115A or section 115B 9[or section 115BB or section 115E] or section 164 10[or section 164A 11[* * *]] 12[or section 167B], the rate or rates specified in section 115A or 13[section 115B or section 115BB or section 115E or section 164 or section 164A 14[* * *1 15[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, 194A 16[194B] 17[, 194BB] 18[and 194D], the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year;] --------------------------------------------------------------------- 1 The words or sub-section (9) of section 80E from any payment referred to therein' omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. These words were inserted by the Finance Act, 1968, w.e.f. 1-4-1968. 2 Substituted for 'computation of the "advance tax" payable under Chapter XVII-C, the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year' by the Finance Act, 1970, w.e.f. 1-4-1971. 3 Inserted by the Finance Act, 1976, w.e.f. 1-6-1976. 4 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 5 Ibid. 6 The words or section 167A" omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. These words were inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 7 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 8 Substituted for "in a case falling under section 164, the rate specified in that section' by the Finance Act, 1976, w.e.f. 1-6-1976. 9 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 10 ibid. 11 The words "or section 167A" omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. These words were inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 12 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 13 Substituted for "section 115B or, as the case may be, section 164" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 14 The words "or section 167A" omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. These words were inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 15 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 16 Inserted by the Finance Act, 1972, w.e.f. 1-4-1972. 17 Inserted by the Finance Act, 1978, w.e.f. 1-4-1978. 18 Substituted for ", 194D and 195 by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. --------------------------------------------------------------------- 1.49 1[(iii)for the purposes of deduction of tax under 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 an agreement entered into by the Central Government under section 90, whichever is applicable by virtue of the provisions of section 90;] (38) 2"recognised provident fund" means a provident fund which has been and continues to be recognised by the 3[Chief 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 4 (19 of 1952); 5[(39) Omitted by the Finance Act, 1992, w.e.f. 1-4-1993] (40)"regular assessment" means the assessment made under 6[sub- section (3) of] section 143 or section 144; --------------------------------------------------------------------- 1 Substituted by the Finance Act, 1992, w.e.f. 1-6-1992. Prior to the substitution, subclause (iii), as inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991, read as under: "(iii) for the purposes of deduction of tax under section 195, the rate or rates of income-tax specified in section 115A or the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year, whichever is applicable;" 3 Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 5 Prior to the omission, clause (39), as inserted by the Direct Tax Laws (Amendment) Act, 1989, read as under: "(39) "registered firm" means a firm registered under the provisions of clause (a) of sub-section (1) of section 185 or deemed to be registered under the provisions of subsection (6) of that section or under those provisions read with sub-section (7) of section 184;" Earlier, the following original clause was omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989: "(39) 'registered firm' means a firm registered under the provisions of clause (a) of sub-section (1) of section 185 or under that provision read with sub-section (7) of section 184;" 6 Inserted by the Finance Act, 1990, w.r.e.f. 1-4-1989. --------------------------------------------------------------------- 1.50 (41)"relative", in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual; (42)"resident" means a person who is resident in India within the meaning of section 6; 1[(42A) 2["short-term capital asset"3 means a capital asset held by an assessee for not more than 4[thirty-six] months immediately preceding the date of its transfer":] 6[Provided that in the case of a share held in a company 7[or any other security listed in a recognised stock exchange in India or a unit of the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963) or a unit of a Mutual Fund specified under clause (23D) of section 10], the provisions of this clause shall have effect as if for the words "thirty-six months", the words "twelve months" had been substituted.] Explanation 8[1].--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 9[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; 10[(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;] 11[(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; --------------------------------------------------------------------- 1 Inserted by the Finance (No. 2) Act, 1962, w.e.f. 1-4-1962. 2 Substituted by the Finance Act, 1973, w.e.f. 1-4-1974. It was also amended by the Finance Act, 1966, w.e.f. 1-4-1966; Finance (No. 2) Act, 1967, w.e.f. 1-4-1967 and Finance Act, 1968, w.e.f. 1-4-1969. 4 Substituted for "sixty" by the Finance (No. 2) Act, 1977, w.e.f. 1-4-1978. 6 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. 7 Inserted by the Finance Act, 1994, w.e.f. 1-4-1995. 8 Ibid. 9 Substituted for "clauses (i) to (iii)" by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967. 10 Inserted by the Finance (No. 2) Act, 1967 w.e.f. 1-4-1967. 11 Inserted by the Finance Act, 1994, w.e.f. 1-4-1995. ---------------------------------------------------------------------- 1.51 (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;] 1[(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;] (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 rules which the Board may make in this behalf,] 2[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 3 (42 of 1956) 4[(42B) "short-term capital gain" means capital gain arising from the transfer of a short-term capital asset;] 5[(42C) Omitted by the Finance Act, 1990, with effect from 1 April, 1990. Earlier, it was inserted by the Direct Tax Laws (Second Amendment) Act, 1989, with effect from the same date.] 6[(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;] --------------------------------------------------------------------- 1 Being inserted by the Finance Act, 1995, w.e.f. 1-4-1996. 2 Inserted by the Finance Act, 1994, w.e.f 1-4-1995. 3 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. 4 Prior to the omission, it read as under: 5 "(42C) 'security' means a Government security as defined in clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944);" 6 Substituted by the Finance Act, 1965, w.e.f. 1-4-1965. --------------------------------------------------------------------- 1.52 1[(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;] 2[(43B) Omitted by the Direct Tax Laws (Amendment) Act, 1987, with effect from 1 April, 1989.] 3[(44) "Tax Recovery Officer" means any Income-tax Officer who may be authorised by the Chief Commissioner or Commissioner, by general or special order in writing, to exercise the powers of a Tax Recovery Officer;] (45)"total income" means the total amount of income referred to in section 5, computed in the manner laid down in this Act; 4[(46) * * *] (47) 5["transfer", in relation to a capital asset, includes,- (i) the sale, exchange or relinquishment 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;] 6[or] 7[(v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of --------------------------------------------------------------------- 1 Inserted by the Finance Act, 1965, w.e.f. 1-4-1965. This clause needs to be omitted consequent upon the omission of Chapter XXII-B by the Finance Act, 1990, w.e.f. 1-4-1990. 2 Prior to the omission, clause (43B), as inserted by the Finance (No. 2) Act, 1971, w.e.f. 1-1-1972, read as under: "(43B) "Tax Recovery Commissioner" means a Commissioner or an Assistant Commissioner of Income-tax who may be authorised by the Central Government, by general or special notification in the Official Gazette, to exercise the powers of a Tax Recovery Commissioner;" 3 Substituted by the Direct Tax Laws (Amendment). Act, 1987, w.r.e.f. 1-4-1988 [as amended by the Direct Tax Laws (Amendment) Act, 1989]. Prior to the substitution, clause (44), as substituted by the Finance Act, 1963, w.r.e.f. 1-4-1962, read as under: "(44) "Tax Recovery Officer" means- (i) a Collector or an Additional Collector; (ii) any such officer empowered to effect recovery of arrears of land revenue or other public demand under any law relating to land revenue or other public demand for the time being in force in the State as may be authorised by the State Government, by general or special notification in the Official Gazette, to exercise the powers of a Tax Recovery Officer; (iii)any Gazetted Officer of the Central or a State Government who may be authorised by the Central Government, by general or special notification in the Official Gazette, to exercise the powers of a Tax Recovery Officer;" 4 Omitted by the Finance Act, 1965, w.e.f. 1-4-1965. 5 Substituted for "transfer" in relation to a capital asset, includes the sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law;" by the Taxation Laws (Amendment), Act 1984, w.e.f. 1-4-1985. 6 Inserted by the Finance Act, 1987, w.e.f. 1-4-1988. 7 Ibid. --------------------------------------------------------------------- 1.53 a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 1 (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. Explanation.-For the purposes of sub-clauses (v) and (vi), "immovable property" shall have the same meaning as in clause (d) of section 269UA;] 2[(48) Omitted by the Finance Act, 1992, w.e.f. 1-4-1993.]
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