Section Text
For the purposes of this Code, any direct tax
payable by the employer for any accounting year shall, subject to the following provisions, be calculated
at the rates applicable to the income of the employer for that year, namely:--
(a) in calculating such tax no account shall be taken of,--
(i) any loss incurred by the employer in respect of any previous accounting year and carried
forward under any law for the time being in force relating to direct taxes;
(ii) any arrears of depreciation which the employer is entitled to add to the amount of the
allowance for depreciation for any succeeding accounting year or years under sub-section (2)
of section 32 of the Income-tax Act;
(b) where the employer is a religious or a charitable institution to which the provisions of section
41 do not apply and the whole or any part of its income is exempt from the tax under the Income-tax
Act, then, with respect to the income so exempted, such institution shall be treated as if it were a
company in which the public are substantially interested within the meaning of that Act;
(c) where the employer is an individual or a Hindu undivided family, the tax payable by such
employer under the Income-tax Act shall be calculated on the basis that the income derived by him
from the establishment is his only income;
(d) where the income of any employer includes any profits and gains derived from the export
of any goods or merchandise out of India and any rebate on such income is allowed under any
law for the time being in force relating to direct taxes, then, no account shall be taken of such
rebate;
(e) no account shall be taken of any rebate other than development rebate or investment
allowance or development allowance or credit or relief or deduction (not hereinbefore mentioned in
this section) in the payment of any direct tax allowed under any law for the time being in force
relating to direct taxes or under the relevant annual Finance Act, for the development of any industry.