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Home Acts & Rules Bill Bills DIRECT TAXES CODE, 2010 Chapters List This

DIRECT TAXES CODE, 2010

Chapter: I
PRELIMINARY
Clause 1 : Short title, extent and commencement.
Chapter: II
BASIS OF CHARGE
Clause 2 : Liability to pay, and charge of, 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 : Dividend income.
Clause 8 : Total income to include income of any other person.
Clause 9 : Income of individual to include income of spouse, minor child and others.
Clause 10 : Income not included in the total income.
Clause 11 : Persons, entity or funds not liable to income-tax.
Chapter: I
GENERAL
Clause 12 : Computation of total income.
Clause 13 : Classification of sources of income.
Clause 14 : Computation of income from ordinary sources.
Clause 15 : Computation of income from special sources.
Clause 16 : Apportionment of income between spouses governed by Portuguese Civil Code.
Clause 17 : Avoidance of double taxation.
Clause 18 : Expenditure not to be allowed as deduction.
Clause 19 : Amount not deductible where tax is not deducted at source.
Chapter: A
Income from employment
Clause 20 : Income from employment.
Clause 21 : Computation of income from employment.
Clause 22 : Scope of gross salary.
Clause 23 : Deductions from gross salary.
Chapter: B
Income from house property
Clause 24 : Income from house property.
Clause 25 : Computation of income from house property.
Clause 26 : Scope of gross rent.
Clause 27 : Deductions from gross rent.
Clause 28 : Provision for advance rent received.
Clause 29 : Provision for arrears of rent received.
Chapter: C
Income from business
Clause 30 : Income from business.
Clause 31 : Business when teated distinct and separate.
Clause 32 : Computation of income from business.
Clause 33 : Gross earnings.
Clause 34 : Determination of business expenditure.
Clause 35 : Determination of operating expenditure.
Clause 36 : Determination of finance charges.
Clause 37 : Determination of capital allowances.
Clause 38 : Determination of depreciation.
Clause 39 : Determination of initial depreciation.
Clause 40 : Deduction for terminal allowance.
Clause 41 : Deduction for scientific research and development allowance.
Clause 42 : Computation of proft on transfer of a business capital asset.
Clause 43 : Special provisions relating to business reorganisation.
Clause 44 : Meaning of actual cost.
Clause 45 : Meaning of written down value and adjusted value of assets.
Chapter: D
Capital gain
Clause 46 : Capital gains.
Clause 47 : Income from certain transfers not to be treated as capital gains
Clause 48 : Financial year of taxability.
Clause 49 : Computation of income from transfer of any investment asset.
Clause 50 : Full value of consideration.
Clause 51 : Deduction for cost of acquisition etc.
Clause 52 : Indexed cost of acquisition or improvement.
Clause 53 : Cost of acquisition of an investment asset.
Clause 54 : Relief for rollover of investment asset.
Clause 55 : Relief for follover of investment asset.
Chapter: E
Income from residuary sources
Clause 56 : Income from residuary sources.
Clause 57 : Computation of income from residuary sources.
Clause 58 : Gross residuary income.
Clause 59 : Deductions from gross residuary income.
Chapter: III
AGGREGATION OF INCOME
Clause 60 : Aggregation of income under a head of income.
Clause 61 : Aggregation of income from ordinary sources.
Clause 62 : Aggregation of income from special sources.
Clause 63 : Determination of total income.
Clause 64 : Special provisions relating to business reorganisation or conversion of a company into a Limited liability partnership.
Clause 65 : Aggregation of losses in case of change in constitution of unincorporated body.
Clause 66 : Aggregation of losses in the case of certain companies.
Clause 67 : Aggregation of loss not to be allowed in the case of filing of return after due date.
Chapter: IV
TAX INCENTIVES
Clause 68 : Deductions from gross total income from ordinary sources.
Clause 69 : Deduction for savings.
Clause 70 : Deduction from life insurance.
Clause 71 : Deduction for health insurance.
Clause 72 : Deductions for education of children.
Clause 73 : Limit on deductions under sections 70, 71 and 72.
Clause 74 : Deduction of interest on loan taken for house property.
Clause 75 : Deduction of interest on loan taken for higher education.
Clause 76 : Deduction for Medical treatment, etc.
Clause 77 : Deduction to a person with disability.
Clause 78 : Deduction for medical treatment and maintenance of a dependant person with disability.
Clause 79 : Deduction of contribution or donations to certain funds or non-profit organisations.
Clause 80 : Deduction for rent paid.
Clause 81 : Deduction for political contributions.
Clause 82 : Deduction of income of Investor Protection Fund.
Clause 83 : Deduction of royalty income of authors.
Clause 84 : Deduction of royalty on patents.
Clause 85 : Deduction of income of cooperative society from banking activities.
Clause 86 : Deduction of income of primary Co-operative societies.
Chapter: V
MAINTENANCE OF ACCOUNTS AND OTHER RELATED MATTERS
Clause 87 : Maintenance of accounts
Clause 88 : Audit of accounts and reporting of international transaction.
Clause 89 : Method of accounting.
Chapter: IV
SPECIAL PROVISIONS RELATING TO THE COMPUTATION OF TOTAL INCOME OF NON-PROFIT ORGANISATIONS
Clause 90 : Applicability of this Chapter.
Clause 91 : Total income of a non-profit organisation.
Clause 92 : Computation of total income of a non-proft organisation.
Clause 93 : Gross receipts of a non-profit organisation.
Clause 94 : Outgoings of a non-profit organisation.
Clause 95 : Modes of investment.
Clause 96 : Deemed income of a non-profit organisation.
Clause 97 : Use or application of funds or assets for the benefit of interested person.
Clause 98 : Registration of a nonprofit organisation.
Clause 99 : Maintenance of accounts and tax audit.
Clause 100 : Anonymous donations.
Clause 101 : Consequences of conversion of a non-profit organisation.
Clause 102 : Provisions of this Chapter not to apply in certain cases.
Clause 103 : Interpretations in this Chapter.
Chapter: V
COMPUTATION OF BOOK PROFIT
Clause 104 : Computation of book profit.
Clause 105 : Preparation of profit and loss account for computing book profit.
Clause 106 : Tax credit for tax paid on book profit.
Clause 107 : Application of other provisions of this Code.
Chapter: VI
PROVISIONS REATING TO TAX ON INCOME RECEIVED FROM VENTURE CAPITAL COMPANY AND VENTURE CAPITAL FUND
Clause 108 : Tax on income received from venture capital company and venture capital fund.
Chapter: VII
SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED PROFITS OF DOMESTICE COMPANIES
Clause 109 : Tax on distributed profits of domestic companies.
Chapter: VIII
SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME
Clause 110 : Tax on income distributed by mutual fund or life insurer.
Chapter: IX
CHARGE OF BRANCH PROFITS TAX
Clause 111 : Tax on branch profits
Chapter: X
CHARGE OF WEALTH TAX
Clause 112 : Tax on net wealth
Clause 113 : Computation of net wealth
Clause 114 : Net wealth to include certain assets.
Chapter: XI
SPECIAL PROVISIONS RELATING TO AVOIDANCE OF TAX CLAUSES
Clause 115 : Disallowance of expenditure having regard to fair market value
Clause 116 : Determination of income from international transaction having regard to arm's length price.
Clause 117 : Determination of arm's length price.
Clause 118 : Advance pricing agreement.
Clause 119 : Avoidance of income-tax by transactions resulting in transfer of income to non-residents.
Clause 120 : Avoidance of tax by sale and buy-back transaction in security.
Clause 121 : Avoidance of tax by buy and sale back transaction in security.
Clause 122 : Broken-period income accruing from a debt instrument.
Clause 123 : General anti-avoidance rule.
Clause 124 : Interpretations in this Chapter.
Clause 125 : Presumption of purpose.
Chapter: A
TAX ADMINISTRATION
Clause 126 : Income-tax authorities.
Clause 127 : Appointment and control of income-tax authorities.
Clause 128 : Power of higher authorities.
Clause 129 : Powers of the Board to issue instructions.
Clause 130 : Jurisdiction of income-tax authorities.
Clause 131 : Jurisdiction of Assessing Officers.
Clause 132 : Power to transfer cases.
Clause 133 : Change of incumbent.
Clause 134 : Powers regarding discovery and production of evidence.
Clause 135 : Search and seizure.
Clause 136 : Power to requisition material taken into custody.
Clause 137 : Retention and release of books of account or documents seized or requisitioned.
Clause 138 : Delivery of material belonging to other persons.
Clause 139 : Retention and application of seized or requisitioned assets.
Clause 140 : Power to call for information.
Clause 141 : Power of Survey.
Clause 142 : Power to disclose information in respect of assessee.
Clause 143 : Proceedings before income-tax authorities to be judicial proceedings.
Chapter: B
ASSESSMENT PROCEDURE
Clause 144 : Self-reporting of tax bases.
Clause 145 : Tax return preparer.
Clause 146 : Issue of notice to furnish return.
Clause 147 : Self-assessment tax.
Clause 148 : Acknowledgment of return.
Clause 149 : Processing of return.
Clause 150 : Notice for inquiry before assessment.
Clause 151 : Special audit.
Clause 152 : Determination of value of assets.
Clause 153 : Determination of arm's length price.
Clause 154 : Determination of an impermissible avoidance agreement and consequences thereof.
Clause 155 : Assessment.
Clause 156 : Best judgment assessment.
Clause 157 : Directions by Joint Commissioner for assessment.
Clause 158 : Direction by Dispute Resolution Panel for assessment.
Clause 159 : Re-opening of assessment.
Clause 160 : Approval for search assessment.
Clause 161 : Rectification of mistake.
Clause 162 : Notice of demand.
Clause 163 : Time limits for completion of assessment or reassessments.
Chapter: C
PROCEDURE FOR ASSESSMENT IN SPECIAL CASES
Clause 164 : Representative assessee.
Clause 165 : Rights and obligations of a representative assessee.
Clause 166 : Direct assessment or recovery not barred.
Clause 167 : Remedy against property in case of representative assessee.
Clause 168 : Assessment upon business reorganisation.
Clause 169 : Assessment after partition of a Hindu undivided family.
Clause 170 : Assessment of non-resident in respect of occasional shipping business.
Clause 171 : Assessment of persons leaving India.
Clause 172 : Assessment of an unincorporated body formed for a particular event or purpose.
Clause 173 : Assessment of persons likely to transfer property to avoid tax.
Clause 174 : Discontinued business.
Clause 175 : Assessment of unincorporated body in case of change in its constitution.
Clause 176 : Assessment on retirement or death of participant.
Clause 177 : Assessment of a deductor or collector.
Chapter: D
APPEALS AND REVISION
Clause 178 : Appeal to Commissioner(Appeals).
Clause 179 : Form of appeal and limitation
Clause 180 : Procedure in appeal.
Clause 181 : Powers of Commissioner (Appeals).
Clause 182 : Appellate Tribunal.
Clause 183 : Appeals to Appellate Tribunal.
Clause 184 : Stay of deamand by Appellate Tribunal.
Clause 185 : Orders of Appellate Tribunal.
Clause 186 : Constitution of Benches and procedure of Appellate Tribunal.
Clause 187 : Appeal to High Court.
Clause 188 : Case before High Court to be heard by not less than two Judges.
Clause 189 : Appeal to Supreme Court
Clause 190 : Hearing before Supreme Court.
Clause 191 : Revision of orders prejudicial to revenue.
Clause 192 : Revision of other orders.
Chapter: A
DEDUCTION OF TAX AT SOURCE
Clause 193 : Deduction or collection of tax at source and advance payment.
Clause 194 : Direct payment.
Clause 194 : Direct payment.
Clause 195 : Liability to deduct tax at source.
Clause 196 : Payment of income and deduction of tax.
Clause 197 : Certificate for lower or no deduction of tax.
Clause 198 : Obligation of deductor.
Clause 199 : Reporting of payments without deduction of tax.
Clause 200 : No deduction of tax in certain cases.
Clause 201 : Credit for tax collected.
Chapter: B
COLLECTION OF TAX AT SOURCE
Clause 202 : Tax collection at source.
Clause 203 : Credit for tax collected.
Clause 204 : Interpretations under Sub-chapters A and B.
Chapter: C
ADVANCE TAX
Clause 205 : Liability to pay advance tax
Chapter: D
TAX CREDIT FOR RELIEF IN RESPECT OF ARREARS OR ADVANCE RECEIPTS
Clause 206 : Tax relief for arrears or advance receipts.
Chapter: E
FOREIGN TAX CREDIT
Clause 207 : Foreign tax credit.
Chapter: F
PAYMENT OF WEALTH-TAX
Clause 208 : Payment of wealth-tax
Chapter: G
INTEREST PAYABLE TO THE CENTRAL GOVERNMENT
Clause 209 : Interest for default in furnishing retrun of tax basis.
Clause 210 : Interest for default in payment of advance income-tax.
Clause 211 : Interest for deferment of advance income-tax.
Clause 212 : Interest on excess refund.
Clause 213 : Interest payable on demand raised.
Clause 214 : Interest for failure to deduct or collect or pay tax.
Chapter: H
REFUNDS
Clause 215 : Refunds.
Clause 216 : Interest on refund.
Clause 217 : Person entitled to claim refund in certain special cases.
Chapter: I
RECOVERY
Clause 218 : Recovery by Assessing Officer.
Clause 219 : Recovery by Tax Recovery Officer.
Clause 220 : Modes of recovery.
Clause 221 : Tax Recovery Officer by whom recovery is to be effected.
Clause 222 : Recovery of tax arrear in respect of non-resident from his assets.
Clause 223 : Recovery in case of a company in liquidation.
Clause 224 : Liability of manager of a company.
Clause 225 : Joint and several liability of participants.
Clause 226 : Recovery through State Government.
Clause 227 : Recovery of tax in pursuance of agreements with foreign countries specified territory.
Clause 228 : Tax clearance certificate in certain cases.
Clause 229 : Recovery by suit or under other law not Affected.
Chapter: XIV
PENALTIES
Clause 230 : Penalty for under reporting of tax bases.
Clause 231 : Penalty where search has been initiated.
Clause 232 : Penalty for other defaults.
Clause 233 : Procedure.
Clause 234 : Bar of limitation for imposing penalty.
Chapter: XV
PROSECUTION
Clause 235 : Chapter not in derogation of any other law.
Clause 236 : Contravention of any restraint order
Clause 237 : Failure to comply with the provisions of clause (d) of sub-section (2) of section 135.
Clause 238 : Removal, concealment, transfer or delivery of property to thwart tax recovery.
Clause 239 : Failure to comply with the provisions of sub-sections (1) and (3) of section 223.
Clause 240 : Failure to pay tax deducted or collected at source or to pay dividend or income distribution tax.
Clause 241 : Wilful attempt to evade tax.
Clause 242 : Failure to furnish returns of tax bases.
Clause 243 : Failure to furnish statements, reports etc.
Clause 244 : Failure to comply with direction under this Code.
Clause 245 : False statement in verification.
Clause 246 : Falsification of books of account or documents.
Clause 247 : Abetment of false return.
Clause 248 : Offences by companies, etc.
Clause 249 : Proof of entries in records or documents.
Clause 250 : Presumption as to assets, and books of account, in certain cases.
Clause 251 : Presumption as to culpable mental state.
Clause 252 : Prosecution to be at instance of Chief Commissioner or Commissioner.
Clause 253 : Punishment for second and subsequent offences.
Clause 254 : Offences to be non-cognizable
Clause 255 : Disclosure of information by public servants.
Chapter: XVI
ADVANCE RULINGS AND DISPUTE RESOULTION
Clause 256 : Scope of ruling and dispute resolution.
Clause 257 : Authority for Advance Rulings and Dispute Resolution.
Clause 258 : Procedure for advance ruling.
Clause 259 : Income-tax authority or Appellate Tribunal not to proceed in certain cases.
Clause 260 : Applicability of advance ruling.
Clause 261 : Advance ruling to be void in certain circumstances.
Clause 262 : Procedure for dispute resolution.
Clause 263 : Stay of demand by the Authority.
Clause 264 : Power to rectify a mistake.
Clause 265 : Powers of Authority.
Clause 266 : Procedure of Authority.
Clause 267 : Interpretations in this Chapter.
Chapter: XVII
SETTLEMENT OF CASES
Clause 268 : Income-tax Settlement Commission.
Clause 269 : Jurisdiction and powers of Settlement Commission.
Clause 270 : Vice-Chairperson to act as Chairperson.
Clause 271 : Power of Chairperson to transfer cases from one Bench to another.
Clause 272 : Decision to be by majority.
Clause 273 : Application for settlement of cases.
Clause 274 : Additional amount of income-tax.
Clause 275 : Admission of application.
Clause 276 : Further inquiry into the case.
Clause 277 : Order of settlement.
Clause 278 : Payment of tax on settlement.
Clause 279 : Power of Settlement Commission to order provisional attachment to protect revenue.
Clause 280 : Revival of proceedings before Assessing Officer.
Clause 281 : Powers of Settlement Commission after admission.
Clause 282 : Inspection and furnishing reports.
Clause 283 : Power of Settlement Commission to grant immunity.
Clause 284 : Abatement of proceeding before Settlement Commission.
Clause 285 : Credit for tax paid in case of abatement of proceedings.
Clause 286 : Recovery of sums due under order of settlement.
Clause 287 : Order of settlement to be conclusive.
Clause 288 : Bar on subsequent application.
Clause 289 : Proceedings to be judicial proceedings.
Clause 290 : Interpretations in this Chapter.
Chapter: XVIII
General provisions
Clause 291 : Agreement with foreign countries or specified territory
Clause 292 : Permanent account number.
Clause 293 : Tax account number.
Clause 294 : Mode of acceptance or repayment of certain loans or deposits.
Clause 295 : Obligation to furnish annual information return.
Clause 296 : Certain transfers to be void.
Clause 297 : Provisional attachment to protect revenue in certain cases.
Clause 298 : Service of notice generally.
Clause 299 : Authentication of notices and other documents.
Clause 300 : Notice deemed to be valid in certain circumstances.
Clause 301 : Service of notice when family is disrupted or unincorporated body is dissolved.
Clause 302 : Publication of information respecting assessees in certain cases.
Clause 303 : Appearance by registered valuer in certain matters.
Clause 304 : Appearance by authorised representative.
Clause 305 : Rounding off of tax bases and tax.
Clause 306 : Indemnity.
Clause 307 : Power to tender immunity from prosecution.
Clause 308 : Cognizance of offences.
Clause 309 : Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply.
Clause 310 : Return of tax bases not to be invalid on certain grounds.
Clause 311 : Presumption as to material found.
Clause 312 : Bar of suits in civil courts.
Clause 313 : Power to rescind.
Chapter: XIX
INTERPRETATIONS AND CONSTRUCTIONS CLAUSES
Clause 314 : Interpretations in this Code.
Clause 315 : Construction.
Chapter: XX
MISCELLANEOUS
Clause 316 : Power to make rules.
Clause 317 : Laying of rules, schemes and notifications before Parliament.
Clause 318 : Repeals and savings.
Clause 319 : Power to remove difficulties.
Schedules
-Schedule-01 : RATES OF INCOME-TAX
-Schedule-02 : RATES OF OTHER TAXES
-Schedule-03 : RATES FOR DEDUCTION OF TAX AT SOURCE
-Schedule-04 : Rates for deduction of tax at source in the case of non-resident deductee
-Schedule-05 : GENERAL PROVISIONS
-Schedule-06 : Income not included in the total income
-Schedule-07 : Persons, entity or funds not liable to income-tax
-Schedule-08 : COMPUTATION OF PROFITS OF THE INSURANCE BUSINESS
-Schedule-09 : COMPUTATION OF INCOME FROM SPECIAL SOURCES
-Schedule-10 : COMPUTATION OF PROFITS OF BUSINESS OF OPERATING A QUALIFYING SHIP
-Schedule-11 : COMPUTATION OF PROFITS OF THE BUSINESS OF MINERAL OIL OR NATURAL GAS
-Schedule-12 : COMPUTATION OF PROFITS OF THE BUSINESS OF DEVELOPING OF A SPECIAL ECONOMIC ZONE MANUFACTURE OR PRODUCTION OF ARTICLE OR THINGS OR PROVIDING OF ANY SERVICE BY A UNIT ESTABLISHED IN A SEZ
-Schedule-13 : COMPUTATION OF PROFITS OF A SPECIFIED BUSINESS
-Schedule-14 : DETERMINATION OF INCOME ON A PRESUMPTIVE BASIS
-Schedule-15 : DEPRECIATION
-Schedule-16 : CONTRIBUTIONS OR DONATIONS ELIGIBLE FOR ONE HUNDRED SEVENTY-FIVE PER CENT. DEDUCTION
-Schedule-17 : DETERMINATION OF COST OF ACQUISITION IN CERTAIN CASES
-Schedule-18 : MINERALS AND GROUP OF ASSOCIATED MINERALS
-Schedule-19 : APPROVED PROVIDENT FUNDS, APPROVED SUPERANNUATION FUNDS, APPROVED GRATUITY FUNDS
-Schedule-20 : COMPUTATION OF INCOME ATTRIBUTABLE TO A CONTROLLED FOREIGN COMPANY
-Schedule-21 : ORDERS APPEALABLE BEFORE COMMISSIONER (APPEALS)
-Schedule-22 : DEFERRED REVENUE EXPENDITURE ALLOWANCE
Chapter: Notes
Notes / Memorandum / Statement
Clause - : Notes on clauses, Schedules, Memorandum
 
 
 
 
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