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Home Acts & Rules Bill Bills DIRECT TAXES CODE BILL, 2009 Chapters List This

DIRECT TAXES CODE BILL, 2009

Chapter: I
PRELIMINARY
Clause 1 : Short title, extent and commencement
Chapter: II
BASIS OF CHARGE
Clause 2 : Liability to pay income-tax
Clause 3 : Scope of total income
Clause 4 : Residence in India
Clause 5 : Income deemed to accrue in India
Clause 6 : Income deemed to be received in the financial year
Clause 7 : Total income to include income of any other person
Clause 8 : Total income to include income of spouse, minor child, etc.
Clause 9 : Income not included in the total income
Clause 10 : Persons not liable to income-tax
Chapter: III - Part-A
COMPUTATION OF TOTAL INCOME - A.-General
Clause 11 : Interpretation
Clause 12 : Classification of sources of income
Clause 13 : Computation of income from special sources
Clause 14 : Computation of income from ordinary sources
Clause 15 : Apportionment of income between spouses governed by Portuguese Civil Code
Clause 16 : Avoidance of double taxation
Clause 17 : Expenditure not to be allowed as deduction
Clause 18 : Amount not deductible where tax is not deducted at source
Chapter: III - Part-B
COMPUTATION OF TOTAL INCOME - B. - Income from Employment
Clause 19 : Income from Employment
Clause 20 : Computation of income from Employment
Clause 21 : Scope of gross salary
Clause 22 : Deductions from gross salary
Chapter: III - Part-C
COMPUTATION OF TOTAL INCOME - C. - Income from house property
Clause 23 : Income from House Property
Clause 24 : Computation of income from house property
Clause 25 : Scope of gross rent
Clause 26 : Deductions from gross rent
Clause 27 : Special provision for advance rent received
Chapter: III - Part-D
COMPUTATION OF TOTAL INCOME - D. - Income from business
Clause 28 : Income from business
Clause 29 : Distinct and separate business
Clause 30 : Computation of income from business
Clause 31 : Gross earnings
Clause 32 : Deduction for business expenditure
Clause 33 : Deduction for operating expenditure
Clause 34 : Deductions for permitted finance charges
Clause 35 : Computation of capital allowances
Clause 36 : Computation of depreciation
Clause 37 : Deduction for initial depreciation
Clause 38 : Deduction for terminal allowance
Clause 39 : Deduction for scientific research and development allowance
Clause 40 : Profit on transfer of a business capital asset
Clause 41 : Special provisions relating to business reorganisation
Clause 42 : Meaning of actual cost
Clause 43 : Meaning of written down value, adjusted value of assets, etc.
Chapter: III - Part-E
COMPUTATION OF TOTAL INCOME - E. - Capital gains
Clause 44 : Capital gains
Clause 45 : Income from certain transfers not to be treated as capital gains
Clause 46 : Financial year of taxability
Clause 47 : Computation of income from the transfer of any investment asset
Clause 48 : Full value of the consideration
Clause 49 : Deduction for cost of acquisition, inflation-adjustment etc.
Clause 50 : Indexed cost of acquisition
Clause 51 : Cost of acquisition of an investment asset
Clause 52 : Cost of improvement
Clause 53 : Relief for rollover of investment asset
Chapter: III - Part-F
COMPUTATION OF TOTAL INCOME - F. - Income from residuary sources
Clause 54 : Income from residuary sources
Clause 55 : Computation of income from residuary sources
Clause 56 : Gross residuary income
Clause 57 : Deductions
Chapter: III - Part-G
COMPUTATION OF TOTAL INCOME - G. - Aggregation of income
Clause 58 : Aggregation of income under the class 'Income from Ordinary Sources'
Clause 59 : Aggregation of income under the class 'Income from Special Sources'
Clause 60 : Determination of total income
Clause 61 : Special provisions relating to business reorganisation
Clause 62 : Aggregation of losses in case of change in constitution of unincorporated body
Clause 63 : Aggregation of losses in the case of certain companies
Clause 64 : Aggregation of loss not to be allowed in the case of filing of return after due date
Chapter: III - Part-H
COMPUTATION OF TOTAL INCOME - H. - Tax incentives
Clause 65 : Deductions to be made in computing total income
Clause 66 : Deductions for savings
Clause 67 : Deductions in respect of children's education
Clause 68 : Deduction in respect of interest on loan taken for higher education
Clause 69 : Deduction in respect of health insurance premia
Clause 70 : Deduction in respect of medical treatment, etc.
Clause 71 : Deduction in respect of maintenance of a disabled dependant
Clause 72 : Deduction in respect of donations to certain funds, non-profit organisations, etc.
Clause 73 : Deduction in respect of political contributions
Clause 74 : Deduction in respect of interest income on bonds
Clause 75 : Deduction in respect of income of Investor Protection Fund
Clause 76 : Deduction in respect of certain income of trade unions
Clause 77 : Deduction in respect of royalty income, etc., of authors of certain books
Clause 78 : Deduction in respect of royalty on patents
Clause 79 : Deduction in case of a person with disability
Clause 80 : Deduction in respect of income of co-operative society from banking activities
Clause 81 : Deduction in respect of income of primary co-operative societies
Clause 82 : Expenditure for promoting family planning and preventing HIV-aids
Chapter: III - Part-I
COMPUTATION OF TOTAL INCOME - I. - Maintainance of accounts and other related matters
Clause 83 : Maintenance of accounts
Clause 84 : Tax audit
Clause 85 : Method of accounting
Chapter: IV
SPECIAL PROVISIONS RELATING TO COMPUTATION OF TOTAL INCOME OF NON-PROFIT ORGANISATIONS
Clause 86 : Applicability of this Chapter
Clause 87 : Total income of a non-profit organisation
Clause 88 : Computation of total income of a non-profit organisation
Clause 89 : Gross receipts in the case of a non-profit organisation
Clause 90 : Outgoings in the case of a non-profit organisation
Clause 91 : Prohibited forms and modes of investment
Clause 92 : Deemed use or application of funds or assets for the benefit of interested person
Clause 93 : Registration of the non-profit organisation
Clause 94 : Consequences of conversion of a non-profit organisation
Clause 95 : Provisions of this chapter not to apply in certain cases
Clause 96 : Interpretations
Chapter: V
COMPUTATION OF THE VALUE OF GROSS ASSETS
Clause 97 : Computation of the value of gross assets
Clause 98 : Preparation of balance sheet for computing gross assets
Chapter: VI
SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME
Clause 99 : Tax on dividends distributed
Chapter: VII
CHARGE OF BRANCH PROFITS TAX
Clause 100 : Tax on branch profits
Chapter: VIII
WEALTH-TAX
Clause 101 : Charge of wealth-tax
Clause 102 : Computation of net wealth
Clause 103 : Net wealth to include certain assets
Chapter: IX
SPECIAL PROVISIONS TO PREVENT EVASION
Clause 104 : Disallowance of expenditure having regard to fair market value
Clause 105 : Computation of income from international transaction having regard to arm's length price
Clause 106 : Computation of arm's length price
Clause 107 : Advance pricing agreement
Clause 108 : Avoidance of income-tax by transactions resulting in transfer of income to nonresidents
Clause 109 : Avoidance of tax by sale and buy-back transaction in security
Clause 110 : Avoidance of tax by buy and sale-back transaction in security
Clause 111 : Broken-period income acruing from a debt instrument
Clause 112 : General anti-avoidance rule
Clause 113 : Interpretation
Clause 114 : Presumption of purpose
Chapter: X - Part-A
TAX ADMINISTRATION AND PROCEDURE - A.-Tax administration
Clause 115 : Establishment of institutions
Clause 116 : Establishment of the Central Board of Direct Taxes
Clause 117 : Management of the Board
Clause 118 : Delegation
Clause 119 : Term of office and conditions of service of Chairman and Members of the Board
Clause 120 : Meetings
Clause 121 : Secretariat of the Board
Clause 122 : Attached offices of the Board
Clause 123 : Subordinate offices of the Board
Clause 124 : Functions of the Board
Clause 125 : Grants by the Central Government
Clause 126 : Accounts and audit
Clause 127 : Power of Central Government to issue directions
Clause 128 : Returns and reports
Clause 129 : Establishment of the Income Tax Department
Clause 130 : Income-tax authorities
Clause 131 : Appointment and control of income-tax authorities
Clause 132 : Power of higher authorities
Clause 133 : Instructions by the Board
Clause 134 : Jurisdiction of income-tax authorities
Clause 135 : Jurisdiction of Assessing Officers
Clause 136 : Power to transfer cases
Clause 137 : Change of incumbent
Clause 138 : Powers regarding discovery, production of evidence, etc.
Clause 139 : Search and seizure
Clause 140 : Powers to requisition material taken into custody
Clause 141 : Retention and release of books of account or documents seized or requisitioned
Clause 142 : Delivery of material belonging to other persons
Clause 143 : Retention and application of seized or requisitioned assets
Clause 144 : Power to call for information
Clause 145 : Power of survey
Clause 146 : Power to disclose information in respect of assessee
Clause 147 : Proceedings before tax authorities to be judicial proceedings
Chapter: X - Part-B
TAX ADMINISTRATION AND PROCEDURE - B.-Assessment procedure
Clause 148 : Self-reporting of tax bases
Clause 149 : Reporting of international transaction
Clause 150 : Tax Return Preparer
Clause 151 : Issue of notice to stop-filer
Clause 152 : Issue of notice to non-filer
Clause 153 : Self-assessment tax
Clause 154 : Acknowledgment of return
Clause 155 : Processing of return
Clause 156 : Selection of return for scrutiny assessment
Clause 157 : Notice for scrutiny assessment
Clause 158 : Special Audit
Clause 159 : Determination of value of assets
Clause 160 : Determination of arm's length price
Clause 161 : Determination of an impermissible avoidance arrangement and consequences thereof
Clause 162 : Assessment
Clause 163 : Best judgement assessment
Clause 164 : Directions for assessment by Joint Commissioner or Commissioner
Clause 165 : Direction for assessment by Dispute Resolution Panel
Clause 166 : Reopening of assessment
Clause 167 : Rectification of mistake
Clause 168 : Notice of demand
Clause 169 : Time limits for completion of assessment or reassessments
Chapter: X - Part-C
TAX ADMINISTRATION AND PROCEDURE - C.-Procedure for assessment in special cases
Clause 170 : Representative assessee
Clause 171 : Rights and obligations of a representative assessee
Clause 172 : Direct assessment or recovery not barred
Clause 173 : Remedy against property in cases of representative assessee
Clause 174 : Assessment upon business reorganisation
Clause 175 : Assessment after partition of a Hindu undivided family
Clause 176 : Assessment of non-resident in respect of the shipping business
Clause 177 : Assessment of persons leaving India
Clause 178 : Assessment of entity formed for a particular event or purpose
Clause 179 : Assessment of persons likely to transfer property to avoid tax
Clause 180 : Assessment of firm in case of change in its constitution
Clause 181 : Assessment on the retirement or death of the participant
Clause 182 : Assessment of a deductor or collector
Chapter: X - Part-D
TAX ADMINISTRATION AND PROCEDURE - D.-Appeals and revision
Clause 183 : Appeal to Commissioner (Appeals)
Clause 184 : Form of appeal and limitation
Clause 185 : Procedure in appeal
Clause 186 : Powers of the Commissioner (Appeals)
Clause 187 : Appellate Tribunal
Clause 188 : Appeals to the Appellate Tribunal
Clause 189 : Stay of demand by the Appellate Tribunal
Clause 190 : Orders of the Appellate Tribunal
Clause 191 : Procedure of the Appellate Tribunal
Clause 192 : Appeals to the National Tax Tribunal
Clause 193 : Appeals to the Supreme Court
Clause 194 : Revision of orders prejudicial to revenue
Chapter: XI - Part-A
COLLECTION AND RECOVERY - A.-Deduction at source
Clause 195 : Liability to deduct tax at source
Clause 196 : Payment of income and deduction of tax
Clause 197 : Certificate for no deduction of tax
Clause 198 : Payment of tax deducted, certificate to deductee, etc.
Clause 199 : Reporting of payments without deduction of tax
Clause 200 : No deduction of tax in certain cases
Clause 201 : Credit for tax deducted
Chapter: XI - Part-B
COLLECTION AND RECOVERY - B.-Collection at source
Clause 202 : Tax collection at source
Clause 203 : Certain definitions
Chapter: XI - Part-C
COLLECTION AND RECOVERY - C.-Advance tax
Clause 204 : Liability to pay advance income-tax
Chapter: XI - Part-D
COLLECTION AND RECOVERY - D.-Tax credit for relief in respect of payments received in arrears or in advance
Clause 205 : Tax relief for arrears or advance receipts
Chapter: XI - Part-E
COLLECTION AND RECOVERY - E.- Foreign tax credit
Clause 206 : Foreign tax credit
Chapter: XI - Part-F
COLLECTION AND RECOVERY - F.- Payment of dividend distribution tax
Clause 207 : F. - Payment of dividend distribution tax
Chapter: XI - Part-G
COLLECTION AND RECOVERY - G. Payment of wealth-tax
Clause 208 : Payment of wealth-tax
Chapter: XI - Part-H
COLLECTION AND RECOVERY - H. Interest
Clause 209 : Interest payable to the Central Government
Clause 210 : Interest payable to the assessee
Clause 211 : Manner of computation of interest and waiver thereof to be prescribed
Chapter: XI - Part-I
COLLECTION AND RECOVERY - I. Refund
Clause 212 : Refunds
Chapter: XI - Part-J
COLLECTION AND RECOVERY - J. Recovery
Clause 213 : Recovery by Assessing Officer
Clause 214 : Recovery by Tax Recovery Officer
Clause 215 : Modes of recovery
Clause 216 : Tax Recovery Officer by whom recovery is to be effected
Clause 217 : Recovery of tax arrear in respect of non-resident from his assets
Clause 218 : Recovery in the case of a company in liquidation
Clause 219 : Liability of manager of a company
Clause 220 : Joint and several liability of participants
Clause 221 : Recovery of tax in pursuance of agreements with foreign countries
Clause 222 : Tax clearance certificate in certain cases
Clause 223 : Recovery by suit or under other law not effected
Chapter: XII
PENALTIES
Clause 224 : Penalty for under-reporting of tax base
Clause 225 : Penalty where search has been initiated
Clause 226 : Penalty for other defaults
Clause 227 : Procedure
Clause 228 : Bar of limitation for imposing penalty
Chapter: XIII
PROSECUTION
Clause 229 : Chapter not in derogation of any other law or any other provision of this Code
Clause 230 : Contravention of any restraint order
Clause 231 : Failure to comply with the provisions of clause (d) of sub-section (2) of section 139
Clause 232 : Removal, concealment, transfer or delivery of property to thwart tax recovery
Clause 233 : Failure to comply with the provisions of sub-sections (1) and (3) of section 218
Clause 234 : Failure to pay the tax deducted or collected at source or to pay the dividend distribution tax
Clause 235 : Willful attempt to evade tax, etc.
Clause 236 : Failure to furnish returns of tax bases
Clause 237 : Failure to furnish other returns, statements, reports, etc.
Clause 238 : Failure to comply with direction under this Code
Clause 239 : False statement in verification, etc.
Clause 240 : Falsification of books of account or documents, etc.
Clause 241 : Abetment of false return, etc.
Clause 242 : Offences by companies, etc.
Clause 243 : Proof of entries in records or documents
Clause 244 : Presumption as to assets, books of account, etc., in certain cases
Clause 245 : Presumption as to culpable mental state
Clause 246 : Prosecution to be at the instance of Chief Commissioner or Commissioner
Clause 247 : Certain offences to be non-cognizable
Clause 248 : Disclosure of information by public servants
Chapter: XIV
ADVANCE RULING
Clause 249 : Definitions
Clause 250 : Scope of Ruling
Clause 251 : Authority for Advance Ruling
Clause 252 : Procedure for advance ruling
Clause 253 : Income-tax authority or Appellate Tribunal not to proceed in certain cases
Clause 254 : Applicability of Advance Ruling
Clause 255 : Advance Ruling to be void in certain circumstances
Clause 256 : Powers of the Authority
Clause 257 : Procedure of Authority
Chapter: XV
GENERAL
Clause 258 : Agreement with foreign countries
Clause 259 : Permanent account number
Clause 260 : Tax account number
Clause 261 : Document Identification Number
Clause 262 : Certain transfers to be void
Clause 263 : Provisional attachment to protect revenue in certain cases
Clause 264 : Service of notice generally
Clause 265 : Authentication of notices and other documents
Clause 266 : Notice deemed to be valid in certain circumstances
Clause 267 : Service of notice when family is disrupted or unincorporated body is dissolved
Clause 268 : Publication of information respecting assessees in certain cases
Clause 269 : Appearance by registered valuer in certain matters
Clause 270 : Appearance by authorised representative
Clause 271 : Rounding off of tax bases, tax, etc.
Clause 272 : Indemnity
Clause 273 : Power to tender immunity from prosecution
Clause 274 : Cognizance of offences
Clause 275 : Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply
Clause 276 : Return of tax base, etc., not to be invalid on certain grounds
Clause 277 : Presumption as to material found
Clause 278 : Bar of suits in civil courts
Clause 279 : Power to rescind
Clause 280 : Power to make rules
Clause 281 : Rules and certain notifications to be placed before Parliament
Clause 282 : Repeals and savings
Clause 283 : Power to remove difficulties
Chapter: XVI
DEFINITIONS
Clause 284 : Definitions
Clause 285 : Interpretation
ARRANGEMENT OF SCHEDULES
-Sch - 01 : THE FIRST SCHEDULE - RATES OF INCOME-TAX
-Sch - 02 : THE SECOND SCHEDULE - RATES OF OTHER TAXES
-Sch - 03 : THE THIRD SCHEDULE - RATES FOR DEDUCTION OF TAX AT SOURCE
-Sch - 04 : THE FOURTH SCHEDULE - Rates for deduction of tax at source in the case of non-resident deductee
-Sch - 05 : THE FIFTH SCHEDULE - PROCEDURE FOR RECOVERY OF TAX
-Sch - 06 : THE SIXTH SCHEDULE - Income not included in the total income
-Sch - 07 : THE SEVENTH SCHEDULE - Persons exempt
-Sch - 08 : THE EIGHTH SCHEDULE - COMPUTATION OF PROFITS OF THE INSURANCE BUSINESS
-Sch - 09 : THE NINTH SCHEDULE - COMPUTATION OF INCOME FROM ANY OTHER SPECIAL SOURCE
-Sch - 10 : THE TENTH SCHEDULE - COMPUTATION OF PROFITS OF BUSINESS OF OPERATING A QUALIFYING SHIP
-Sch - 11 : THE ELEVENTH SCHEDULE - COMPUTATION OF PROFITS OF THE BUSINESS OF MINERAL OIL OR NATURAL GAS
-Sch - 12 : THE TWELVETH SCHEDULE - COMPUTATION OF PROFITS OF THE BUSINESS OF DEVELOPING A SPECIAL ECONOMIC ZONE
-Sch - 13 : THE THIRTEENTH SCHEDULE - COMPUTATION OF PROFITS OF A SPECIFIED BUSINESS
-Sch - 14 : THE FOURTEENTH SCHEDULE - DETERMINATION OF INCOME ON A PRESUMPTIVE BASIS
-Sch - 15 : THE FIFTEENTH SCHEDULE - DEPRECIATION
-Sch - 16 : THE SIXTEENTH SCHEDULE - DEDUCTION FOR DONATION
-Sch - 17 : SEVENTEENTH SCHEDULE - DETERMINATION OF COST OF ACQUISITION IN CERTAIN CASES
-Sch - 18 : THE EIGHTTEENTH SCHEDULE - Minerals and Group of Associated Minerals
 
 
 
 
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