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Start Free TrialFinance Act 1978 Chapter V
Title: Miscellaneous
State: Central
Year: 1978
.....212 of that Act", the following shall be substituted, namely :- "in a case where a statement is sent by the person under clause (a) of sub-section (1) of section 209A of the Income-tax Act in the financial year immediately preceding that assessment year or where the Income-tax Officer has made an order under sub-section (1) or sub-section (3) of section 210 of that Act requiring the person to pay advance tax during the financial year immediately preceding that assessment year and the person has not sent an estimate under section 209A or, as the case may be, section 212 of that Act"; (2) in clause (b), for the words, brackets, figures and letter "sub-section (1) or sub-section (2) or sub-section (3) or sub-section (3A) of section 212", the words, figures and letter "section 209A or section 212" shall be substituted; (b) in section 5, in clause (a), for the word and figures "section 211", the words, figures, brackets and letter "section 211 or sub-section (4) of section 209A" shall be substituted; (c) in the Schedule, for the proviso, the following shall be substituted, namely :- "Paragraph C (i) where the current income exceeds . 15,000 but does not.....
View Complete Act List Judgments citing this sectionFinance Act 1978 Section 40
Title: Amendment of Act 38 of 1974
State: Central
Year: 1978
.....212 of that Act", the following shall be substituted, namely :- "in a case where a statement is sent by the person under clause (a) of sub-section (1) of section 209A of the Income-tax Act in the financial year immediately preceding that assessment year or where the Income-tax Officer has made an order under sub-section (1) or sub-section (3) of section 210 of that Act requiring the person to pay advance tax during the financial year immediately preceding that assessment year and the person has not sent an estimate under section 209A or, as the case may be, section 212 of that Act"; (2) in clause (b), for the words, brackets, figures and letter "sub-section (1) or sub-section (2) or sub-section (3) or sub-section (3A) of section 212", the words, figures and letter "section 209A or section 212" shall be substituted; (b) in section 5, in clause (a), for the word and figures "section 211", the words, figures, brackets and letter "section 211 or sub-section (4) of section 209A" shall be substituted; (c) in the Schedule, for the proviso, the following shall be substituted, namely :- "Paragraph C (i) where the current income exceeds . 15,000 but does not.....
View Complete Act List Judgments citing this sectionFinance Act 1978 Schedule I
Title: First Schedule
State: Central
Year: 1978
..... (5) Notwithstanding anything contained in this rule, no loss which has not been determined by the Income-tax Officer under the provisions of these rules or the rules contained in Part IV of the First Schedule to the Finance Act, 1974 (20 of 1974), or of the First Schedule to the Finance Act, 1975 (25 of 1975), or of the First Schedule to the Finance Act, 1976 (66 of 1976), or of the First Schedule to the Finance (No. 2) Act, 1977 (29 of 1977), shall be set off under sub-rule (1) or as the case may be, sub-rule (2). Rule 10 - Where the net result of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nil. Rule 11 - The provisions of the Income-tax Act relating to procedure for assessment (including the provisions of section 288A relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total income. Rule 12 - For the purposes of computing the net agricultural income of the assessee, the Income-tax Officer shall have the.....
View Complete Act List Judgments citing this sectionFinance Act 1978 Section 8
Title: Amendment of Section 37
State: Central
Year: 1978
.....was published in that year. (3C) For the removal of doubts, it is hereby declared that nothing contained in sub-section (3A) shall apply in relation to expenditure in the nature of entertainment expenditure incurred by an assessee in connection with advertisement, publicity or sales promotion and such expenditure shall be governed by the provisions of sub-section (2A). (3D) In a case where an assessee has set up an industrial undertaking for the manufacture or production of any articles, nothing in sub-section (3A) shall apply in respect of any expenditure on advertisement, publicity or sales promotion incurred by the assessee for the purposes of the business of such undertaking, in the previous year in which such undertaking begins to manufacture or produce such articles and each of the two previous years immediately succeeding that previous year..
View Complete Act List Judgments citing this sectionFinance Act 1978 Section 30
Title: Substitution of New Section for Section 218
State: Central
Year: 1978
.....effect from the 1st day of June, 1978, namely :- "218. When assessee deemed to be in default. - (1) If any assessee has sent, - (a) under sub-section (1) of section 209A, a statment, or (b) under sub-section 209A or section 212, an estimate or a revised estimate, of the advance tax payable by him, but does not pay any instalment in accordance therewith on the date or dates specified in section 211, he shall be deemed to be an assessee in default in respect of such instalment or instalments. (2) If any assessee does not pay on the specified date any instalment of advance tax that he is required to pay under section 210 and does not, before the date on which any such instalment as is not paid becomes due, send under sub-section (1) or sub-section (2) of section 212, an estimate or a revised estimate of the advance tax payable by him, he shall be deemed to be an assessee in default in respect of such instalment or instalments. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an assessee shall not be deemed to be in default in respect of any amount of which the payment is deferred under section 213, until after the date communicated by him.....
View Complete Act List Judgments citing this sectionFinance Act, 1978 Complete Act
State: Central
Year: 1978
.....Be it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act maybe called The Finance Act, 1978. (2) Save as otherwise provided in this Act, sections 2-to33-and section 40 shall be deemed to have come into force on the 1st day of April, 1978. SECTION 02: INCOME-TAX (1) Subject lo the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 1978, income-tax shall be charged at the rates specified in part I of the Schedule and shall be increased, - (a) in the cases to which Paragraphs A, B, C and D of that Part apply, by a surcharge for purposes of the Union; and (b) in the cases to which paragraph E of that Part applies, by a surcharge, calculated in each case in the manner provided therein. (2) In the cases to which Sub-Paragraph I or Sub-Paragraph II of Paragraph A of part I of the Schedule applies, where the assessee has in the previous year, any net agricultural income, in addition to total income, and the total income exceeds ten thousand rupees, then, - (a) the net agricultural income shall be taken into account, in the manner provided in.....
List Judgments citing this sectionCoast Guard Act, 1978 Chapter IV
Title: Offences
State: Central
Year: 1978
..... (a) all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; and (b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India. Section 16 - Deserting post and neglect of duty Any person subject to this Act, who,-- (a) deserts his post; or (b) sleeps upon his watch; or (c) fails to perform, or negligently performs, the duty imposed on him, or (d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. Section 17 - Mutiny Any person subject to this Act who commits any of the following offences, that is to say,-- (a) begins, incites, causes or conspires with any other person to cause any mutiny in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (c) being present at any.....
View Complete Act List Judgments citing this sectionFinance Act 1978 Chapter III
Title: Direct Taxes
State: Central
Year: 1978
.....unadjusted capital gain.". Section 13 - Amendment of Section 54E In section 54E [as directed to be inserted by section 13 of the Finance (No. 2) Act, 1977 (29 of 1977)] of the Income-tax Act, - (a) in sub-section (1), (i) in Explanation 1, - (1) in the opening portion, after the words "For the purposes of this sub-section", the words, brackets and figure "and sub-section (3)" shall be inserted; (2) in clause (v), the words, figures and letters ", where the investment in such shares is made before the 1st day of March, 1978" shall be inserted at the end; (3) after clause (v), the following clause shall be inserted, namely :- "(va) equity shares forming part of any eligible issue of capital where the investment in such shares is made after the 28th day of February, 1978;"; (ii) Explanation 2 shall be renumbered as Explanation 4 and before the Explanation as so renumbered, the following Explanations shall be inserted, namely :- Explanation 2 : "Eligible issue of capital" shall have the meaning assigned to it in sub-section (3) of section 80CC. Explanation 3 : An assessee shall not be deemed to have invested the full value of the consideration or any part.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Complete Act
State: Central
Year: 1978
.....Parliament in the Twenty-ninth Year of the Republic of India as follows CHAPTER 1: PRELIMINARY: SECTION 1: Short title and commencement: (1) This Act may be called The Coast Guard Act, 1978. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint , SECTION 2: Definitions: In this Act, unless the context otherwise requires,- (a) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer and a Law Officer of the Coast Guard appointed under (section 115); (b) "civil offence" means an offence which is triable by a criminal Court. (c) "civil prison" means any jail or place used for the detention of any criminal prisoner under (Prisons Act, 1894), or under any other raw for the time being in force; (d) "Coast Guard" means the Coast Guard constituted under this Act: (e) "Coast Guard Court" means a court convened under (section 64); (f) "Coast Guard custody" means the arrest or confinement of a member of the Coast Guard according to rules; (g) "Commanding Officer", when used in any provision of this Act with reference to any unit or ship of the Coast Guard, means the officer whose duty it.....
List Judgments citing this sectionCoast Guard Act, 1978 Section 17
Title: Mutiny
State: Central
Year: 1978
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) begins, incites, causes or conspires with any other person to cause any mutiny in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not without delay, give information thereof to his Commanding Officer or other superior officer; or (e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned : Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government.
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