Skip to content

Statute → case law

See how courts applied this provision

Jump to judgments under this act, then open an AI Brief on any order. Semantic Search helps you ask in plain English.

  • AI Brief & Ask
  • Semantic AI Search

Credentials emailed - log in to pick up where you left off.

TypeBare Act JurisdictionCentral Government

Finance Act, 1997 Section 38

INSERTION OF NEW SECTION 115JAA -AfterSection 115-JA of the Income Tax Act-, the following section shall be inserted,

~2 min read
https://sooperkanoon.com/act/455146

Bare act section · Research

About this section

Finance Act, 1997 Section 38 is part of Finance Act, 1997 - INSERTION OF NEW SECTION 115JAA -AfterSection 115-JA of the Income Tax Act-, the following section shall be inserted,. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1) Where any amount of tax is paid under sub-section (1) ofSection 115-JAby an assessee being a company for any assessment year, then, credit in respect of tax so paid shall be allowed to him in accordance with the provisions of this section.

(2) The tax credit to be allowed under sub-section (1) shall be the difference of the tax paid for any assessment year under sub-section (1) ofSection 115-JAand the amount of tax payable by the assessee on his total income computed in accordance with the other provisions of this Act :

Provided that no interest shall be payable on the tax credit allowed under sub- section (1).

(3) The amount of tax credit determined under sub-section (2) shall be carried forward and set-off in accordance with the provisions of sub-section (4) and sub-section (5) but such carry-forward shall not be allowed beyond the fifth assessment year immediately succeeding the assessment year in which tax credit becomes allowable under sub-section (1).

(4) The tax credit shall be allowed set-off in a year when tax becomes payable on the total income computed in accordance with the provisions of this Act other thanSection 115-JA.

(5) Set-off in respect of brought-forward tax credit shall be allowed for any assessment year to the extent of the difference between the tax on his total income and the tax which would have been payable under the provisions of sub-section (1) of Section 115-JAfor that assessment year.

(6) Where as a result of an order under sub-section (1) or sub-section (3) of Section 143,Section 144,Section 147,Section 154,Section 155, sub-section (4) ofSection 245-D,Section 250,Section 254,Section 260,Section 262,Section 263orSection 264, the amount of tax payable under this Act is reduced or increased, as the case may be, the amount of tax credit allowed under this section shall also be increased or reduced accordingly.".

Frequently asked questions

What does Finance Act, 1997 Section 38 provide?

Section Section 38 of the Finance Act, 1997 (INSERTION OF NEW SECTION 115JAA -AfterSection 115-JA of the Income Tax Act-, the following section shall be inserted,) is reproduced on this page as part of the Finance Act, 1997. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Finance Act, 1997 Section 38?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Finance Act, 1997 Section 38. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial