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Start Free TrialIncome Tax Act, 1961 Complete Act
State: Central
Year: 1961
INCOME TAX ACT, 1961 INCOME TAX ACT, 1961 43 of 1961 [AS AMENDED BY FINANCE ACT, 2003] An Act to consolidate and amend the law relating to income-tax and super-tax BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows : CHAPTER 1 PRELIMINARY Section 1 Short title, extent and commencement (1) This Act may be called the Income-tax Act, 1961. (2) It extends to the whole of India. (3) Save as otherwise provided in this Act, it shall come into force on the 1st day of April, 1962. Section 2 Definitions 1 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1) "advance tax" means the advance tax payable in accordance with the provisions of Chapter XVII-C;] 2 Renumbered as clause (1A) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1A)] 3 For manner of computation of income which is partially agricultural and partially frombusiness, see rules 7, 7A, 7B and 8. For analysis, see Mashbra's Income-tax Rules."agricultural income" means - 4 Substituted by the Taxation Laws (Amendment) Act, 1970, w.r.e.f. 1-4-1962.[(a) any rent or revenue derived from land which is situated in India and is used for.....
List Judgments citing this sectionIncome Tax Act, 1961 Section 38
Title: Building, Etc., Partly Used for Business, Etc., or Not Exclusively So Used
State: Central
Year: 1961
(1) Where a part of any premises is used as dwelling house by the assessee, (a) the deduction under sub-clause (i) of clause (a) of section 30, in the case of rent, shall be such amount as the Assessing Officer may determine having regard to the proportionate annual value of the part used for the purpose of the business or profession, and in the case of any sum paid for repairs, such sum as is proportionate to the part of the premises used for the purpose of the business or profession; (b) the deduction under clause (b) of section 30 shall be such sum as the Assessing Officer may determine having regard to the part so used. (2) Where any building, machinery, plant or furniture is not exclusively used for the purposes of the business or profession, the deductions under sub-clause (ii) of clause (a) and clause (c) of section 30, clauses (i) and (ii) of section 31 and clause (ii) of sub-section (1) of section 32 shall be restricted to a fair proportionate part thereof which the Assessing Officer may determine, having regard to the user of such building, machinery, plant or furniture for the purposes of the business or profession.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 23
Title: Annual Value How Determined
State: Central
Year: 1961
.....- (a) is in the occupation of the owner for the purposes of his own residence; or (b) cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him, the annual value of such house or part of the house shall be taken to be nil. (3) The provisions of sub-section (2) shall not apply if - (a) the house or part of the house is actually let during the whole or any part of the previous year; or (b) any other benefit therefrom is derived by the owner. (4) Where the property referred to in sub-section (2) consists of more than one house - (a) the provisions of that sub-section shall apply only in respect of one of such houses, which the assessee may, at his option, specify in this behalf; (b) the annual value of the house or houses, other than the house in respect of which the assessee has exercised an option under clause (a), shall be determined under sub-section (1) as if such house or houses had been let.] ________________ 1. Substituted by the Finance Act, 2001, with effect from 1st April, 2002. Prior to.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 24
Title: Deductions from Income from House Property
State: Central
Year: 1961
.....shall be allowed under sub-section (1) in respect of property of the nature referred to in sub-clause (i) of clause (a) of sub-section (2), or sub-section (3) of section 23: Provided that nothing in this sub-section shall apply to the allowance of a deduction under clause (vi) of sub-section (1) of an amount not exceeding thirty thousand rupees in respect of the property of the nature referred to in sub-clause (i) of clause (a) of subsection (2) of section 23 or sub-section (3) of section 23: Provided further that where the property is acquired or constructed with capital borrowed on or after the 1st day of April, 1999 and such acquisition or construction is completed before the 1st day of April, 2003, the provisions of the first proviso shall have effect as if for the words thirty thousand rupees, the words one lakh rupees had been substituted. (3) The total amount deductible under sub-section (1) in respect of property of the nature referred to in sub-clause (ii) of clause (a) of sub-section (2) of section 23 shall not exceed the annual value of the property as determined under that section. 2. Substituted for before the 1st day of April, 2003 by the Finance Act,.....
View Complete Act List Judgments citing this sectionMaharashtra Industrial Development Act, 1961 Complete Act
State: Maharashtra
Year: 1961
.....suspend from office for such period as it thinks fit, or remove from office any member of the Corporation, who in its opinion " (a) has refused to act, or (b) has become incapable of acting, or (c) has so abused his position as member as to render his continuance on the Corporation detrimental to the interest thereof or of the general public, or (d) is otherwise unfit to continue as a member; Provided that, a member shall not be suspended or removed from office unless he has been given reasonable opportunity to show cause against the order. SECTION 09: VACANCIES HOW TO BE CALLED Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made originally: Provided that, during any such vacancy the continuing members may act as if no vacancy had occurred. SECTION 10: TEMPORARY ABSENCE OF MEMBERS (1) In the absence of the Chairman, the Vice-Chairman shall be competent to carry out the duties and functions of the Chairman. (2) If the Vice-Chairman or any other member of the Corporation is by reason of illness or otherwise rendered temporarily incapable of carrying out his duties, or is granted leave of absence.....
List Judgments citing this sectionThe Orissa Medical Registration Act, 1961 Complete Act
State: Orissa
Year: 1961
.....the Council. (1) The Council shall consist of the following council. members, namely:" (Substituted by the Orissa Medical Registration (Amendment) Act, 1972 (Or. Act 8 of 1972), S. 2.) [(a) one member to be elected by each of the Academic Councils of the Utkal University, the Berhampur University and the Sambalpur University from amongst the members of their respective Faculty of Medicine;] (b) one member to be elected from amongst themselves by such members of the staff of each of the Medical Colleges of the State as are registered practitioners; (c) three members to be elected by the registered practitioners from amongst themselves: Provided that at least two of such members shall be persons not in the service of any Government; (d) four members to be nominated by the State Government. (2) If a person is elected as a member under more than one of the clauses of sub-section (1), he shall within such period as may be prescribed by rules made in this behalf, inform the Registrar under which of the clauses he desires to be treated as elected and thereupon he shall be deemed to have been elected under that clause and the seat to which he was elected under any other clause shall.....
List Judgments citing this sectionThe Orissa Offices of Profit (Removal of Disqualifications) Act, 1961 Complete Act
State: Orissa
Year: 1961
.....Legis lative Assembly, namely:" (a) any office held by a Minister (Inserted by Orissa Offices of Profit Removal of Disqualifica tions) (Amendment) Act, 1974 (Or. Act 3 of 1974), S. 2.) [Minister of State] or Deputy Minister for the Union or for any State, whether ex officio or by name; (b) the office of the Speaker or the Deputy Speaker of the Orissa Legislative Assembly or of Parliament and Legislative Assembly of any other State; (c) the office of the Chief Whip, Deputy Chief Whip or Whip in any Legislative Assembly or in Parliament or the Office of a Parliamentary Secretary; (d) the office of a member of any force raised or maintained under the National Cadet Corps Act, 1948, the Territorial Army Act, 1948, or the Reserve and Auxiliary Air Forces Act, 1952; (e) the office of a member of a Home Guard constituted under any law for the time being in force in any State; (f) the office of Chairman or member of the Syndicate, Senate, executive committee, council or court of a University or any other body connected with a University; (g) the office of a member of any delegation or mission sent outside India by the Govern ment of India or of any State or sent outside-the.....
List Judgments citing this sectionIncome Tax Act, 1961 Schedule II
Title: Procedure for Recovery of Tax
State: Central
Year: 1961
..... The Board may prescribe the form to be used for any order, notice, warrant, or certificate to be issued under this Schedule. 92. Power to make rules. (1) The Board may make rules, consistent with the provisions of this Act, regulating the procedure to be followed by Chief Commissioners, Commissioners, Tax Recovery Officers and other officers acting under this Schedule. (2) In particular, and without prejudice to the generality of the power conferred by sub-rule (1), such rules may provide for all or any of the following matters, namely : (a) the area within which Chief Commissioners, Commissioners or Tax Recovery Officers may exercise jurisdiction ; (b) the manner in which any property sold under this Schedule may be delivered ; (c) the execution of a document or the endorsement of a negotiable instrument or a share in a corporation, by or on behalf of the Tax Recovery Officer, where such execution or endorsement is required to transfer such negotiable instrument or share to a person who has purchased it under a sale under this Schedule ; (d) the procedure for dealing with resistance or obstruction offered by any person to a purchaser of any immovable property.....
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Chapter 9
Title: Land Acquisition
State: Karnataka
Year: 1961
.....or an outline or comprehensive development plan shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894. Section 71 - Power of State Government to acquire lands included in a scheme (1) If, at any time, the State Government is of opinion that any land included in a Town Planning scheme is needed for a public purpose other than that for which it is included in the scheme, it may make a declaration to that effect in the Official Gazette in the manner provided in section 6 of the Land Acquisition Act, 1894. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section. (2) On the publication of a declaration under sub-section (1) the Deputy Commissioner shall proceed to take order for the acquisition of the land and the provisions of the Land Acquisition Act, 1894, as amended by section 72 of this Act, shall, so far as may be, apply to the acquisition of the said land. (3) In the proceedings under the Land Acquisition Act, 1894, the Planning Authority concerned shall be deemed to be a person interested in the land acquired and in.....
View Complete Act List Judgments citing this sectionKarnataka Prohibition Act, 1961 Section 91
Title: Demand for Security for Abstaining from Commission of Certain Offences
State: Karnataka
Year: 1961
(1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct. (2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 1898, and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond as if it were a bond to keep peace, ordered to be executed under section 106 of the said Code. (3) If the conviction is set aside on appeal, the bond so executed shall become void.
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