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Home Bare Acts Phrase: marital deductionIncome Tax Act, 1961 Chapter VIA
Title: Deductions to Be Made in Computing Total Income
State: Central
Year: 1961
..... (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely : (i) it has begun or begins to manufacture or produce articles after the 31st day of December, 1970 but before the 1st day of April, 1990, in any backward area ; (ii) it is not formed by the splitting up, or the reconstruction, of a business already in existence in any backward area : Provided that this condition shall not apply in respect of any industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33B, in the circumstances and within the period specified in that section ; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose in any backward area ; (iv) it employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power. Explanation : Where any machinery or plant or any part thereof previously used for any purpose in any backward area is.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 80IB
Title: Deduction in Respect of Profits and Gains from Certain Industrial Undertakings Other Than Infrastructure Development Undertakings
State: Central
Year: 1961
.....in that section; (ii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose; (iii) it manufactures or produces any article or thing, not being any article or thing specified in the list in the Eleventh Schedule, or operates one or more cold storage plant or plants, in any part of India: Provided that the condition in this clause shall, in relation to a small-scale industrial undertaking or an industrial undertaking referred to in sub-section (4) shall apply as if the words not being any article or thing specified in the list in the Eleventh Schedule had been omitted. Explanation 1 : For the purposes of clause (ii), any machinery or plant which was used outside India by any person other than the assessee shall not be regarded as machinery or plant previously used for any purpose, if the following conditions are fulfilled, namely: (a) such machinery or plant was not, at any time previous to the date of the installation by the assessee, used in India; (b) such machinery or plant is imported into India from any country outside India; and (c) no deduction on account of depreciation in respect of such machinery or.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 36
Title: Other Deductions
State: Central
Year: 1961
.....date by which the assessee is required as an employer to credit an employees contribution to the employees account in the relevant fund under any Act, rule, order or notification issued thereunder or under any standing order, award, contract of service or otherwise; (vi) in respect of animals which have been used for the purposes of the business or profession otherwise than as stock-in-trade and have died or become permanently useless for such purposes, the difference between the actual cost to the assessee of the animals and the amount, if any, realised in respect of the carcasses or animals; (vii) subject to the provisions of sub-section (2), the amount of any bad debt or part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year: Provided that in the case of an assessee to which clause (viia) applies, the amount of the deduction relating to any such debt or part thereof shall be limited to the amount by which such debt or part thereof exceeds the credit balance in the provision for bad and doubtful debts account made under that clause; 11[Explanation: For the purposes of this clause, any bad debt or part thereof.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 40
Title: Amounts Not Deductible
State: Central
Year: 1961
.....or, after deduction, has not been paid during the previous year, or in the subsequent year before the expiry of the time prescribed under sub-section (1) of section 200: Provided that where in respect of any such sum, tax has been deducted in any subsequent year or, has been deducted in the previous year but paid in any subsequent year after the expiry of the time prescribed under sub-section (1) of section 200, such sum shall be allowed as a deduction in computing the income of the previous year in which such tax has been paid. Explanation: For the purposes of this sub-clause,- (A) royalty shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9: (B) fees for technical services shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9: (ia) any interest, commission or brokerage, 2[rent, royalty] fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVIIB.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 80IA
Title: Deductions in Respect of Profits and Gains from Industrial Undertakings or Enterprises Engaged in Infrastructure Development, Etc.
State: Central
Year: 1961
.....in that section; (ii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose; (iii) it manufactures or produces any article or thing, not being any article or thing specified in the list in the Eleventh Schedule, or operates one or more cold storage plant or plants, in any part of India: Provided that the condition in this clause shall, in relation to a small-scale industrial undertaking or an industrial undertaking referred to in sub-clause (b) of clause (iv) which begins to manufacture or produce an article or thing during the period beginning on the 1st day of April, 1993 and ending on the 31st day of March, 2000 apply as if the words not being any article or thing specified in the list in the Eleventh Schedule had been omitted; (iv) (a) in the case of an industrial undertaking not specified in sub-clause (b) or sub-clause (c), it begins to manufacture or produce articles or things or to operate such plant or plants, at any time during the period beginning on the 1st day of April, 1991 and ending on the 31st day of March, 1995, or such further period as the Central Government may, by notification in the Official.....
View Complete Act List Judgments citing this sectionPayment of Wages Act, 1936 Section 7
Title: Deductions Which May Be Made from Wages
State: Central
Year: 1936
.....17 [ theRailways Act, 1989.] ____________________________ 1. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)" 2. Explanation re-numbered as Explanation I by Act 68 of 1957, section 5 w.e.f. 1-4-1958. 3. Inserted by Act 68 of 1957, section 5 w.e.f. 1-4-1958. 4. Substituted by Act 68 of 1957, section 5, for clause (d) w.e.f. 1-4-1958. 5. The words "Governor-General in Council or" omitted by the A.O. 1937. 6. Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. 7. Substituted by Act 56 of 1974, section 3 and Schedule II, for "this sub-clause". 8. Substituted by Act 53 of 1964, section 6, for clause (f) w.e.f. 1-2-1965. 9. Substituted vide Payment of Wages (Amendment) Act, 2005 10. The word "and" omitted by Ordinance 3 of 1940, section 2. 11. Added by Ordinance 3 of 1940, section 2. 12. Substituted by Act 68 of 1957, section 5, for clause (k) w.e.f 1-4-1958. 13. Inserted by Act 38 of 1982, section 7 w.e.f. 15-10-1982. 14. Inserted by Act 29 of 1976, section 4 w.e.f 12-11-1876. 15. Inserted by Act 19 of 1977, section 2, w.e.f. 30-6-1977. 16......
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 201
Title: Consequences of Failure to Deduct or Pay
State: Central
Year: 1961
.....date on which such tax is actually paid, and such interest shall be paid before furnishing the statement in accordance with the provisions of sub-section (3) of section 200.] (2) Where the tax has not been paid as aforesaid after it is deducted the amount of the tax together with the amount of simple interest thereon referred to in sub-section (1A) shall be a charge upon all the assets of the person, or the company, as the case may be, referred to in sub-section (1). 8[(3) No order shall be made under sub-section (1) deeming a person to be an assessee in default for failure to deduct the whole or any part of the tax from a person resident in India, at any time after the expiry of- (i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section 200 has been filed; (ii) four years from the end of the financial year in which payment is made or credit is given, in any other case: Provided that such order for a financial year commencing on or before the 1st day of April, 2007 may be passed at any time on or before the 31st day of March, 2011. (4) The provisions of sub-clause (ii) of sub-section (3) of.....
View Complete Act List Judgments citing this sectionKarnataka Value Added Tax Act, 2003 Section 9A
Title: Deduction of Tax at Source (in Case of Works Contract)
State: Karnataka
Year: 2003
.....(5) , the authority making deductions under sub section (1) shall pay , by way of interest, a sum equal to the interest specified under sub -section (1) of Section 37 during the period in which such default is continued. (8) The authority making deduction under sub -section (1) , shall furnish to the dealer from whom such deduction is made, a certificate obtained from the prescribed authority containing such particulars as may be prescribed. (9) Payment by way of deduction in accordance with sub -section (5), shall be without prejudice to any other mode of recovery of tax due under this Act from the dealer executing the works contract. (10) Where tax in respect of the works contract is remitted under sub -section (5), the tax payable by the dealer for any period, 3[***] shall be reduced by the amount of tax already remitted under the said sub-section. (11) The burden of proving that the tax on such works contract has already been remitted and of establishing the exact quantum of tax so remitted shall be on the dealer claiming the reduction of t ax under sub-section (10).] ______________________________ 1. Inserted by Karnataka Value Added Tax (Amendment) Act.....
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 sectionIncome Tax Act, 1961 Section 80A
Title: Deductions to Be Made in Computing Total Income
State: Central
Year: 1961
.....of such member in the income of the association of persons or body of individuals. 5[(4) Notwithstanding anything to the contrary contained in section 10A or section 10AA or section 1 0B or section 10BA or in any provisions of this Chapter under the heading C-Deductions in respect of certain incomes, where, in the case of an assessee, any amount of profits and gains of an undertaking or unit or enterprise or eligible business is claimed and allowed as a deduction under any of those provisions for any assessment year, deduction in respect of, and to the extent of, such profits and gains shall not be allowed under any other provisions of this Act for such assessment year and shall in no case exceed the profits and gains of such undertaking or unit or enterprise or eligible business, as the case may be.] 5[(5) Where the assessee fails to make a claim in his return of income for any deduction under section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading C.--Deductions in respect of certain incomes, no deduction shall be allowed to him thereunder.] 6[(6) Notwithstanding anything to the contrary contained in section.....
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