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Start Free TrialIncome 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 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 sectionThe Chhattisgarh Municipalities Act, 1961 Complete Act
State: Chattisgarh
Year: 1961
THE CHHATTISGARH MUNICIPALITIES ACT, 1961 THE CHHATTISGARH MUNICIPALITIES ACT, 1961 [Act No. 37 of 1961] [20th November, 1961] PREAMBLE An Act to consolidate and amend the law relating to municipalities and to make better provision for the organisation and administration of Municipalities in Chhattisgarh. Be it enacted by the Madhya Pradesh Legislature in the Twelfth year of the Republic of India as follows:-- Chapter I - PRELIMINARY Section 1 - Short Title, extent and commencement (1) This act may be called the Chhattisgarh Municipalities Act, 1961. (2) It extends to the whole of Chhattisgarh. [Inserted by M.P. Act No. 18 of 1997.] [(3) It shall apply to the smaller urban area or a transitional area, as the case may be, from the date on which they are notified as such under Section 5.] Section 2 - Repeal and Savings (1) The Central Provinces and Berar Municipalities Act, 1922 (II of 1922), the Madhya Bharat Municipalities Act, 1954 (1 of 1954), the Vindhya Pradesh Municipalities Act, 1946 and the Bhopal State Municipalities Act, 1955 (III of 1956), are hereby repealed. (2) Notwithstanding such repeal-- (i) all Municipal Committees,.....
List Judgments citing this sectionIncome Tax Act, 1961 Chapter XV
Title: Liability in Special Cases
State: Central
Year: 1961
.....of persons or body of individuals (other than a company or a co-operative society or a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India) in the whole or any part of the income of such association or body are indeterminate or unknown, tax shall be charged on the total income of the association or body at the maximum marginal rate: Provided that, where the total income of any member of such association or body is chargeable to tax at a rate which is higher than the maximum marginal rate, tax shall be charged on the total income of the association or body at such higher rate. (2) Where, in the case of an association of persons or body of individuals as aforesaid [not being a case falling under sub-section (1)], - (i) the total income of any member thereof for the previous year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to tax in the case of that member under the Finance Act of the relevant year, tax shall be charged on the total income of the association or body at the maximum marginal rate; (ii) any member.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Chapter III
Title: Incomes Which Do Not Form Part of Total Income
State: Central
Year: 1961
.....him as an employee of the employer from whose service he has retired; (10B) any compensation received by a workman under the Industrial Disputes Act, 1947 (14 of 1947), or under any other Act or Rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, at the time of his retrenchment: Provided that the amount exempt under this clause shall not exceed (i) an amount calculated in accordance with the provisions of clause (b) of section 25F of the Industrial Disputes Act, 1947 (14 of 1947); or (ii) such amount, not being less than fifty thousand rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, whichever is less : Provided further that the preceding proviso shall not apply in respect of any compensation received by a workman in accordance with any scheme which the Central Government may, having regard to the need for extending special protection to the workmen in the undertaking to which such scheme applies and other relevant circumstances, approve in this behalf. Explanation : For the purposes of this clause (a) compensation received by a.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Chapter VIA
Title: Deductions to Be Made in Computing Total Income
State: Central
Year: 1961
.....any premium or other payment made on an insurance policy other than a contract for a deferred annuity as is not in excess of twenty per cent of the actual capital sum assured. Explanation : In calculating any such actual capital sum assured, no account shall be taken (i) of the value of any premiums agreed to be returned, or (ii) of any benefit by way of bonus or otherwise over and above the sum actually assured, which is to be or may be received under the policy by any person. (4) The persons referred to in sub-section (2) shall be the following, namely: (a) for the purposes of clauses (i), (v), (x) and (xi) of that sub-section, (i) in the case of an individual, the individual, the wife or husband and any child of such individual, and (ii) in the case of a Hindu undivided family, any member thereof; (b) for the purposes of clause (ii) of that sub-section, in the case of an individual, the individual, the wife or husband and any child of such individual; (c) for the purpose of clause (xvii) of that sub-section, in the case of an individual, any two children of such individual. (5) Where, in any previous year, an assessee (i) terminates his contract of insurance.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 164
Title: Charge of Tax Where Share of Beneficiaries Unknown
State: Central
Year: 1961
.....which is of the nature referred to in sub-section (4A) of section 11, tax shall be charged on so much of the relevant income as is not exempt under section 11 or section 12, as if the relevant income not so exempt were the income of an association of persons: Provided that in a case where the whole or any part of the relevant income is not exempt under section 11 or section 12 by virtue of the provisions contained in clause (c) or clause (d) of sub-section (1) of section 13, tax shall be charged on the relevant income or part of relevant income at the maximum marginal rate. (3) In a case where the relevant income is derived from property held under trust in part only for charitable or religious purposes or is of the nature referred to in sub-clause (iia) of clause (24) of section 2 or is of the nature referred to in sub-section (4A) of section 11, and either the relevant income applicable to purposes other than charitable or religious purposes (or any part thereof) is not specifically receivable on behalf or for the benefit of any one person or the individual shares of the beneficiaries in the income so applicable are indeterminate or unknown, the tax chargeable on the.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 10
Title: Incomes Not Included in Total Income
State: Central
Year: 1961
.....him as an employee of the employer from whose service he has retired; (10B) any compensation received by a workman under the Industrial Disputes Act, 1947 (14 of 1947), or under any other Act or Rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, at the time of his retrenchment: Provided that the amount exempt under this clause shall not exceed (i) an amount calculated in accordance with the provisions of clause (b) of section 25F of the Industrial Disputes Act, 1947 (14 of 1947); or (ii) such amount, not being less than fifty thousand rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, whichever is less : Provided further that the preceding proviso shall not apply in respect of any compensation received by a workman in accordance with any scheme which the Central Government may, having regard to the need for extending special protection to the workmen in the undertaking to which such scheme applies and other relevant circumstances, approve in this behalf. Explanation : For the purposes of this clause (a) compensation received by a.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Complete Act
Title: Income Tax Act, 1961
State: Central
Year: 1961
.....Section4 - Charge of income-tax Section5 - Scope of total income Section5A - Apportionment of income between spouses governed by Portuguese Civil Code Section6 - Residence in India Section7 - Income deemed to be received Section8 - Dividend income Section9 - Income deemed to accrue or arise in India Chapter III Section10 - Incomes not included in total income Section10A - Special provision in respect of newly established undertakings in free trade zone, etc. Section10AA - Special provisions in respect of newly established Units in Special Economic Zones Section10B - Special provisions in respect of newly established hundred per cent export-oriented undertakings Section10BA - Special provisions in respect of export of certain articles or things Section10BB - Meaning of computer programmes in certain cases Section10C - Special provision in respect of certain industrial undertakings in North-Eastern Region Section11 - Income from property held for charitable or religious purposes Section12 - Income of trusts or institutions from contributions Section12A - Conditions as to registration of trusts, etc. Section12AA - Procedure for registration Section13 - Section 11.....
List Judgments citing this sectionRajasthan Courtfees & Suits Valuation Act, 1961 Complete Act
State: Rajasthan
Year: 1961
RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 (Act No.23 of 1961) (Amended by Rajasthan Act No.3 of 1962, 5 of 1977, 7 of 1987, 26 of 1951 and 16 of 1990. Received the assent of the President on the 26th day of August, 1961) PREAMBLE An Act to amend and consolidate the law relating to court-fees and valuation of suits in the State of Rajasthan. BE it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows:-- Chapter-I Preliminary 1. Short title, extent and commencement:- (1) This Act may be called the Rajasthan Court-fees and Suits Valuation Act, 1961. (2) It extends to the whole of the State of Rajasthan. (The Act has come into force (w.e.f. 1-11-1961), vide Notification No. F-5(108) E&T/58, dated 25th October, 1961, published in Rajasthan Rajpatra, Pt N(c) dated 25th October, 1961.) (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Application of Act:- (1) The provisions of this Act shall not apply to documents resented or to be presented before an officer serving under.....
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