Documenti di Didattica
Documenti di Professioni
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26
[(48) “zero coupon bond” means a bond—
(a) issued by any infrastructure capital company or infrastructure
capital fund or public sector company on or after the 1st day of
June, 2005;
(b) in respect of which no payment and benefit is received or
receivable before maturity or redemption from infrastructure
capital company or infrastructure capital fund or public sector
company; and
(c) which the Central Government may, by notification27 in the
Official Gazette, specify in this behalf.
28
[***]]
29
[“Previous year” defined.
3. For the purposes of this Act, “previous year” means the financial year imme-
diately preceding the assessment year :
Provided that, in the case of a business or profession newly set up, or a source
of income newly coming into existence, in the said financial year, the previous
year shall be the period beginning with the date of setting up of the business or
profession or, as the case may be, the date on which the source of income newly
comes into existence and ending with the said financial year.]
CHAPTER II
BASIS OF CHARGE
Charge of income-tax.
30
4. 31(1) Where any Central Act enacts that income-tax32 shall be charged for
any assessment year at any rate or rates, income-tax at that rate or those
rates shall be charged for that year in accordance with, and 33[subject to the
26. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006. Earlier clause (48) was omitted by the
Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. It was later re-introduced by the
Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989 and again omitted by the Finance
Act, 1992, w.e.f. 1-4-1993.
27. For specified bonds, see Taxmann’s Master Guide to Income-tax Act. See also rules 8B &
8C and Form No. 5B.
28. Explanation omitted by the Finance Act, 2006, w.e.f. 1-4-2006. Prior to its omission,
Explanation read as under :
‘Explanation.—For the purposes of this clause, the expressions “infrastructure capital
company” and “infrastructure capital fund” shall have the same meanings respectively
assigned to them in clauses (a) and (b) of Explanation 1 to clause (23G) of section 10.’
29. Substituted by the Finance Act, 1999, w.e.f. 1-4-2000. Prior to its substitution, section 3 was
amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 and the Direct
Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
30. See also Circular No. 142, dated 1-8-1974, Circular No. 447, dated 22-1-1986, Circular
No. 573, dated 21-8-1990, Circular No. 776, dated 8-6-1999 and Instruction No. 747 [F. No.
288/29/74-IT(A-II)], (relevant extracts), dated 30-8-1974. For details, see Taxmann’s
Master Guide to Income-tax Act.
31. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.
32. For the meaning of the term “income-tax”, see Taxmann’s Direct Taxes Manual, Vol. 3.
33. Substituted for “subject to the provisions of this Act” by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989.
S. 5 I.T. ACT, 1961 1.30
provisions (including provisions for the levy of additional income-tax) of, this
Act]34 in respect of the total income34 of the previous year 35[* * *] of every person :
Provided that where by virtue of any provision of this Act income-tax is to be
charged in respect of the income of a period other than the previous year,
income-tax shall be charged accordingly.
(2) In respect of income chargeable under sub-section (1), income-tax shall be
deducted at the source or paid in advance, where it is so deductible or payable
under any provision of this Act.
Scope of total income.
36
5. 37(1) Subject to38 the provisions of this Act, the total income38 of any previous
year of a person who is a resident includes all income from whatever source
derived which—
(a) is received39 or is deemed to be received39 in India in such year by or
on behalf of such person ; or
(b) accrues39 or arises39 or is deemed39 to accrue or arise to him in India
during such year ; or
(c) accrues39 or arises39 to him outside India during such year :
Provided that, in the case of a person not ordinarily resident in India
within the meaning of sub-section (6)* of section 6, the income which
accrues or arises to him outside India shall not be so included unless
it is derived from a business controlled in or a profession set up in
India.
(2) Subject to38 the provisions of this Act, the total income38 of any previous year
of a person who is a non-resident includes all income from whatever source
derived which—
(a) is received39 or is deemed to be received39 in India in such year by or
on behalf of such person ; or
(b) accrues39 or arises39 or is deemed to accrue or arise to him in India
during such year.
Explanation 1.—Income accruing or arising outside India shall not be deemed to
be received39 in India within the meaning of this section by reason only of the fact
that it is taken into account in a balance sheet prepared in India.
34. For the meaning of the expressions “in accordance with, and subject to the provisions of,
this Act” and “total income”, see Taxmann’s Direct Taxes Manual, Vol. 3.
35. “or previous years, as the case may be,” omitted by the Direct Tax Laws (Amendment) Act,
1987, w.e.f. 1-4-1989.
36. See also Circular No. 369, dated 17-9-1983. For details, see Taxmann’s Master Guide to
Income-tax Act.
37. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.
38. For the meaning of the terms/expressions “subject to” and “total income”, see Taxmann’s
Direct Taxes Manual, Vol. 3.
39. For the meaning of the terms/expressions “is received”, “deemed to be received”, “accrues
or arises”, “accrued or arisen” and “deemed to have accrued”, see Taxmann’s Direct Taxes
Manual, Vol. 3.
*Should be read as ‘clause (6)’.
1.31 CH. II - BASIS OF CHARGE S. 6
40. For the meaning of the terms/expressions “is received”, “deemed to be received”, “accrues
or arises”, “accrued or arisen” and “deemed to have accrued or arisen”, see Taxmann’s
Direct Taxes Manual, Vol. 3.
41. Inserted by the Finance Act, 1994, w.r.e.f. 1-4-1963.
42. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.
43. Omitted by the Finance Act, 1982, w.e.f. 1-4-1983.
44. Substituted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1990.
Original Explanation was inserted by the Finance Act, 1978, w.e.f. 1-4-1979 and later
amended by the Finance Act, 1982, w.e.f. 1-4-1983.
S. 6 I.T. ACT, 1961 1.32
(a) being a citizen of India, who leaves India in any previous year
45
[as a member of the crew of an 46Indian ship as defined in
clause (18) of section 3 of the Merchant Shipping Act, 1958 (44
of 1958), or] for the purposes of employment outside India, the
provisions of sub-clause (c) shall apply in relation to that year as
if for the words “sixty days”, occurring therein, the words “one
hundred and eighty-two days” had been substituted ;
(b) being a citizen of India, or a person of Indian origin within the
meaning of Explanation to clause (e) of section 115C, who, being
outside India, comes on a visit to India in any previous year, the
provisions of sub-clause (c) shall apply in relation to that year as
if for the words “sixty days”, occurring therein, the words “one
hundred and 47[eighty-two] days” had been substituted.]
(2) A Hindu undivided family, firm or other association of persons is said
to be resident in India in any previous year in every case except where
during that year the control and management48 of its affairs48 is
situated wholly48 outside India.
(3) A company is said to be resident in India in any previous year, if—
(i) it is an Indian company ; or
(ii) during that year, the control and management48 of its affairs48 is
situated wholly48 in India.
(4) Every other person is said to be resident in India in any previous year
in every case, except where during that year the control and manage-
ment of his affairs is situated wholly outside India.
(5) If a person is resident in India in a previous year relevant to
an assessment year in respect of any source of income, he
shall be deemed to be resident in India in the previous year relevant
to the assessment year in respect of each of his other sources of
income.
49
[(6) A person is said to be “not ordinarily resident” in India in any previous
year if such person is—
(a) an individual who has not been resident in India in nine out of the ten
previous years preceding that year, or has not during the seven previous
years preceding that year been in India for a period of, or periods amounting
in all to, seven hundred and thirty days or more ; or
(b) a Hindu undivided family whose manager has not been resident in India in
nine out of the ten previous years preceding that year, or has not during the
seven previous years preceding that year been in India for a period of, or
periods amounting in all to, seven hundred and thirty days or more.’
50. Inserted by the Finance (No. 2) Act, 2004, w.r.e.f. 1-4-2004.
51. Inserted by the Finance Act, 2007, w.r.e.f. 1-4-2004.
52. Substituted for “For the purposes of inclusion in the total income of an assessee, any
dividend” by the Finance Act, 1965, w.e.f. 1-4-1965.
53. Inserted, ibid.
S. 9 I.T. ACT, 1961 1.34
54. See also Circular No. 23, dated 23-7-1969, Circular No. 163, dated 29-5-1975, Circular
No. 35(XXXIII-7) of 1956, dated 3-9-1956, Circular No. 4, dated 20-2-1969, Circular
No. 382, dated 4-5-1984, and Circular No. 5/2004, dated 28-9-2004. For details, see
Taxmann’s Master Guide to Income-tax Act.
55. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.
56. For the meaning of the term “deemed”, see Taxmann’s Direct Taxes Manual, Vol. 3.
57. See rule 10 for manner of computation of income of non-residents in certain cases.
58. For the meaning of the terms/expressions “business connection” and “property”, see
Taxmann’s Direct Taxes Manual, Vol. 3.
59. Words “or through or from any money lent at interest and brought into India in cash or
in kind” omitted by the Finance Act, 1976, w.e.f. 1-6-1976.
60. Explanation renumbered as Explanation 1 by the Finance Act, 2003, w.e.f. 1-4-2004.
61. For the meaning of the term “operations”, see Taxmann’s Direct Taxes Manual, Vol. 3.
62. Proviso omitted by the Finance Act, 1964, w.e.f. 1-4-1964.
63. Inserted by the Finance Act, 1983, w.r.e.f. 1-4-1962.
64. Inserted by the Taxation Laws (Amendment) Act, 1984, w.r.e.f. 1-4-1982.
1.35 CH. II - BASIS OF CHARGE S. 9
65. For the meaning of the term “operations”, see Taxmann’s Direct Taxes Manual, Vol. 3.
66. Inserted by the Finance Act, 2003, w.e.f. 1-4-2004.
67. For the meaning of the term “earned”, see Taxmann’s Direct Taxes Manual, Vol. 3.
68. Substituted by the Finance Act, 1999, w.e.f. 1-4-2000. Prior to its substitution, Explanation,
as inserted by the Finance Act, 1983, w.r.e.f. 1-4-1979, read as under :
“Explanation.—For the removal of doubts, it is hereby declared that income of the nature
referred to in this clause payable for service rendered in India shall be regarded as income
earned in India ;”