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Income Tax Act, 1961 Chapter VI

Title: Aggregation of Income and Set off or Carry Forward of Loss

State: Central

Year: 1961

.....offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the sum so credited may be charged to income-tax as the income of the assessee of that previous year. Section 69 - Unexplained investments Where in the financial year immediately preceding the assessment year the assessee has made investments which are not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of the investments or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the value of the investments may be deemed to be the income of the assessee of such financial year. Section 69A - Unexplained money, etc. Where in any financial year the assessee is found to be the owner of any money, bullion, jewellery or other valuable article and such money, bullion, jewellery or valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of acquisition of the.....

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Code of Civil Procedure, 1908 Rule 1 to 10

Title: Written Statement, Set-off and Counter-claim

State: Central

Year: 1908

..... (a) produced for the cross-examination of the plaintiffs witnesses, or (b) handed over to a witness merely to refresh his memory.] 2. New facts must be specially pleaded The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality. 3. Denial to be specific It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages. 4. Evasive denial Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny.....

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Income Tax Act, 1961 Section 72A

Title: Provisions Relating to Carry Forward and Set off of Accumulated Loss and Unabsorbed Depreciation Allowance in Amalgamation or Demerger, Etc.

State: Central

Year: 1961

.....or amalgamation or demerger had not taken place.] 5[(aa) industrial undertaking means any undertaking which is engaged in - (i) the manufacture or processing of goods; or (ii) the manufacture of computer software; or (iii) the business of generation or distribution of electricity or any other form of power; or 6[(iiia) the business of providing telecommunication services, whether basic or cellular, including radio paging, domestic satellite service, network of trunking, broadband network and internet services; or] (iv) mining; or (v) the construction of ships, aircrafts or rail systems; ] 10[(b) "unabsorbed depreciation" means so much of the allowance for depreciation of the predecessor firm or the proprietary concern or the private company or unlisted public company before conversion into limited liability partnership or the amalgamating company or the demerged company, as the case may be, which remains to be allowed and which would have been allowed to the predecessor firm or the proprietary concern or the company or amalgamating company or demerged company, as the case may be, under the provisions of this Act, if the reorganisation of business or.....

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Payment of Bonus Act, 1965 Section 15

Title: Set on and Set off of Allocable Surplus

State: Central

Year: 1965

.....fourth accounting year in the manner illustrated in the Fourth Schedule. (3) The principle of set on and set off as illustrated in the Fourth Schedule shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this Act. (4) Where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account.] _________________________ 1. Substituted by Act 66 of 1980, Section 9, for section 15 (w.r.e.f. 21-8-1980).

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Code of Civil Procedure, 1908 Rule 13 to 14

Title: Settings Aside Decrees Ex Parte

State: Central

Year: 1908

.....had sufficient time to appear and answer the plaintiffs claim.] 2 [Explanation.--Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside the ex parte decree.] 14. No decree to be set aside without notice to opposite party No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. ________________________ 1. Added by Act 104 of 1976, section 59(v) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 59(vi) (w.e.f. 1-2-1977).

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Maharashtra Luxurycumentertainment Amusement Tax on Holders of Television Sets (Repeal) Act, 1982 Complete Act

State: Maharashtra

Year: 1982

.....that the rule should not he made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification, have effect in such modified form or be of no effect, as the case may be; so, how ever, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. SECTION 05: SAVINGS The provisions of Section 7 of the Bombay General Clauses Act, 1904, with regard to effect of repeal, shall apply. SECTION 06: POWER TO REMOVE DIFFICULTIES If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary or expedient for the put poses of removing the difficulty Provided that no such order shall be made, after the expiry of a period of two years from the date of commencement of this Act. Maharashtra State Acts

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New Delhi Municipal Council Act 1994 Section 215

Title: Compensation to Be Paid in Certain Cases of Setting Back or Setting Forward of Buildings, Etc.

State: Central

Year: 1994

.....for such loss or damage after taking into account any increase in value likely to accrue from the setting forward. (3) If the additional land which will be included in the permises of any person required or permitted under sub-section (2) to set forward a building belongs to the Council, the order or permission of the Chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council by the owner for such additional land and the other terms and conditions of the conveyance shall be forth in the order or permission. (4) If, when the Chairperson requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Council or with any of the terms or conditions of conveyance, the Chairperson shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the district judge of Delhi whose decision thereon shall be final.

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Income Tax Act, 1961 Section 71

Title: Set off of Loss from One Head Against Income from Another

State: Central

Year: 1961

.....year, the net result of the computation under the head Capital gains is a loss and the assessee has income assessable under any other head of income, the assessee shall not be entitled to have such loss set-off against income under the other head. (4) Where the net result of the computation under the head Income from house property is a loss, in respect of the assessment years commencing on the 1st day of April, 1995 and the 1st day of April, 1996, such loss shall be first set-off under sub-sections (1) and (2) and thereafter the loss referred to in section 71A shall be set-off in the relevant assessment year in accordance with the provisions of that section. ______________________________ 1. Inserted by the Finance (No. 2) Act, 2004, with effect from 1st April, 2005.

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Income Tax Act, 1961 Section 72AB

Title: Provisions Relating to Carry Forward and Set off of Accumulated Loss and Unabsorbed Depreciation Allowance in Business Reorganisation of Co-operative Banks

State: Central

Year: 1961

.....years for the purposes of set off and carry forward of loss and allowance for depreciation. (6) In a case where the conditions specified in sub-section (2) or notified under sub-section (4) are not complied with, the set off of accumulated loss or unabsorbed depreciation allowed in any previous year to the successor co-operative bank shall be deemed to be the income of the successor cooperative bank chargeable to tax for the year in which the conditions are not complied with. (7) For the purposes of this section, - (a) accumulated loss means so much of loss of the amalgamating cooperative bank or the demerged co-operative bank, as the case may be, under the head Profits and gains of business or profession (not being a loss sustained in a speculation business) which such amalgamating co-operative bank or the demerged co-operative bank, would have been entitled to carry forward and set-off under the provisions of section 72 as if the business reorganisation had not taken place; (b) unabsorbed depreciation means so much of the allowance for depreciation of the amalgamating co-operative bank or the demerged co-operative bank, as the case may be, which remains to be allowed.....

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Income Tax Act, 1961 Section 73A

Title: Carry Forward and Set off of Losses by Specified Business

State: Central

Year: 1961

1[(1) Any loss, computed in respect of any specified business referred to in section 35AD shall not be set off except against profits and gains, if any, of any other specified business. (2) Where for any assessment year any loss computed in respect of the specified business referred to in sub-section (1) has not been wholly set off under subsection (1), so much of the loss as is not so set off or the whole loss where the assessee has no income from any other specified business, shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year, and - (i) it shall be set off against the profits and gains, if any, of any specified business carried on by him assessable for that assessment year; and (ii) if the loss can not be wholly so set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on.] ________________________________________ 1. Inserted by the Finance (No. 2) Act, 2009, with effect from 1st April, 2010.

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