Section 59 - Profits chargeable to tax - Income-tax Act, 1961

Profits chargeable to tax. 59. (1) The provisions of sub-section (1) of section 41 shall apply, so far as may be, in computing the income of an assessee under section 56, as they apply in computing the income of an assessee under the head Profits and gains of business or profession . (2) 1 [ **** ] (3) 2 [ **** ] Explanation.- 3 [ **** ] ************** NOTES:- 1. Omitted vide Section 32 of the Taxation Laws (Amendment Miscellaneous Provisions) Act, 1986 w.e.f. 01-04-1988 before it was read as, (2) When any building, machinery, plant or furniture to which clauses (ii) and (iii) of sub-section (2) of section 56 apply are sold, discarded, demolished or destroyed the provisions of sub-section (2) of section 41 shall apply, so far as may be, in computing the income of an assessee under section 56 as they apply in computing the income of an assessee under the head Profits and gains of business or profession . 2. Omitted vide Section 32 of the Taxation Laws (Amendment Miscellaneous Provisions) Act, 1986 w.e.f. 01-04-1988 before it was read as, (3) Where any structure or work referred to in sub-section (1A) of section 32 in or in relation to a building to which clause (iii) of sub-section (2) of section 56 applies is sold, discarded, demolished or destroyed or is surrendered as a result of the determination of the lease or other right of occupancy in respect of the building, the provisions of sub-section (2A) of section 41 shall apply, so far as may be, in computing the income of an assessee under section 56 as they apply in computing the income of an assessee under the head Profits and gains of business or profession . Earlier , Inserted vide Section 15 of the Taxation Laws (Amendment) Act, 1970 w.e.f. 01-04-1971 3. Omitted vide Section 32 of the Taxation Laws (Amendment Miscellaneous Provisions) Act, 1986 w.e.f. 01-04-1988 before it was read as, Explanation : For the purpose of this section, the expression sold shall have the same meaning as in sub-section (1) of section 32.