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Companies Profits Surtax Act 1964 Section 5

Title: Return of Chargeable Profits

State: Central

Year: 1964

.....the company during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed : Provided that on an application made in this behalf, the1[Assessing Officer] may, in his discretion, extend the date for the furnishing of the return. (3) Any assessee who has not furnished a return during the time allowed under sub-sectior (1) or sub-section (2), or having furnished a return under sub-section (1) or sub-section (2), discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made. ________________________ 1. Substituted for the words "Income-tax Officer" and consequential changes as the rules of grammar may require by the Direct Tax Laws (Amdt.) Act (4 of 1988), S. 187 (1-4-1988).

Companies Profits Surtax Act 1964 Complete Act

Title: Companies Profits Surtax Act 1964

State: Central

Year: 1964

.....- Trnasfer of certain pending appeals Section12 - Appeals to Appellate Tribunal Section13 - Rectification of mistakes Section14 - Other amendments Section15 - Surtax deductible in computing distributable income under Income-tax Act Section16 - Revision of orders prejudicial to revenue Section17 - Revision of orders by [Chief Commissioner or Commissioner] Section18 - Application of provisions of Income-tax Act Section19 - Income-tax papers to be available for the purposes of this Act Section20 - Failure to deliver returns, etc Section21 - False statement Section22 - Abetment of false returns, etc Section23 - Institution of proceedings and composition of offences Section24 - Power to make exemption, etc., in relation to certain Union territories Section24A - Agreement with foreign countries Section24AA - Power to make exemption, etc. in relation to participation in the business of prospecting for extraction, etc., of mineral oils Section25 - Power to make rules Section26 - Saving ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE

Companies Profits Surtax Act 1964 Preamble 1

Title: Companies (Profits) Surtax Act, 1964

State: Central

Year: 1964

THE COMPANIES (PROFITS) SURTAX ACT, 1964 [Act, No. 7 of 1964] [2nd May, 1964] PREAMBLE An Act to impose a special tax on the profits of certain companies. BE it enacted by Parliament in the Fifteenth year of the Republic of India as follows;--

Companies Profits Surtax Act 1964 Section 8

Title: Profits Escaping Assessment

State: Central

Year: 1964

.....omission or failure on the part of the assessee to make a return under section 5 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable profits for that year have escaped assessment or have been underassessed or assessed at too low a rate or have been made the subject of exercise relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the1[Assessing Officer] has in consequence of information in his possession reason to belive that chargeable profits assessable for any assessment year have escaped assessment or have been under-assessed or assessed at too low a rate or have been the subject of excessive relief under this Act, he may, in cases falling under clause (a) at any time, and in cases failing under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5, and may proceed to assess or re-assess the amount chargeable to surtax, and the provisions of this Act.....

Business Profits Tax Act, 1947 Complete Act

State: Central

Year: 1947

.....year for that business for the purposes of the Indian Income-tax Act, 1922; 6[(2A) * * * * * *] (3) "business" includes any trade, commerce or manufacture, or any adventure in the nature of trade, commerce or manufacture, or any profession or vocation the profits of which are chargeable according to the provisions of section 10 of the Indian Income-tax Act, 1922: Provided that where the functions of a company or of a society incorporated by or under any enactment consist wholly or mainly in the holding of investments or other property, the holding of the investments or property shall be deemed for the purpose of this definition to be a business carried on by such company or society : Provided further that all business to which this Act applies carried on by the same person shall be treated as one business for the purposes of this Act; (4) "chargeable accounting period" means- (a) any accounting period falling wholly within the terms beginning on the first day of April 1946, and ending on the 31st day of March,7[1949]; (b) where any accounting period falls partly within and partly without the said term, such part of that accounting period as falls within the said.....

Super Profits Tax Rules, 1963 Complete Act

State: Central

Year: 1963

..... (3) Where it is not possible for the Commissioner to furnish the information asked for by the applicant under the applied section 138-owing to the fact that the relevant assessment has not been completed, he shall inform the applicant in Form No. 9. (4) Where the Commissioner is satisfied that there are circumstances justifying the refusal of information as to the amount of super profits tax determined as payable by an assessee in respect of any assessment year, he shall intimate the fact to the applicant in Form No. 10. RULE 12: FEES FOR APPLICATION UNDER THE APPLIED SECTION 138 (1) Every application made by a person under the applied section 138-shall be accompanied by a fee of rupees ten for each assessment year for which information is requested for under that section. (2) Where the information is not furnished owing to the fact that the relevant assessment has not been completed or where the Commissioner refuses to furnish the information, he shall refund or cause to be refunded the amount of the fee paid. RULE 13: NOTICE OF DEMAND (1) Subject to the provisions of sub-rule (2), the notice of demand under the applied section 156- shall be in Form No. 11 and shall be.....

Income 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.....

Companies (Profits) Surtax Act, 1964 Complete Act

State: Central

Year: 1964

.....omission or failure on the part of the assessee to make a return under section 5-for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable profits for that year have escaped assessment or have been under- assessed or assessed at too low a rate or have been made the subject of exercise relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the12[Assessing Officer] has in consequence of information in his possession reason to believe that chargeable profits assessable for any assessment year have escaped assessment or have been under-assessed or assessed at too low a rate or have been the subject of excessive relief under this Act, he may, in cases falling under clause (a) at any time, and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5-, and may proceed to assess or reassess the amount chargeable to surtax, and the provisions of this Act.....

Super Profits Tax Act, 1963 Complete Act

State: Central

Year: 1963

.....omission or failure on the part of the assessee to make a return under section 6-for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable profits for that year have escaped assessment or have been under-assessed or assessed at too low a rate or have been made the subject of excessive relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) above on the part of the assessee, the Income-tax Officer has in consequence of information in his possession reason to believe that chargeable profits assessable for any assessment year have escaped assessment or have been under assessed or assessed at too low a rate or have been the subject of excessive relief under this Act, he may, in cases falling under clause (a) at any time, and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 6-, and may proceed to assess or reassess the amount chargeable to super profits tax, and the provisions.....

Income 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.....