Section 9 - Amendment of section 40 - Direct Tax Laws (Amendment) Act, 1989

9. Amendment of section 40. In section 40 of the Income-tax Act, after clause (b) [as it stood Immediately before its substitution by clause (ii) of section 13 of the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988)], the following clause shall be inserted, namely :- (ba) in the case of an association of persons or body of individuals (other than a company or a cooperative society or a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India), any payment of interest, salary, bonus, commission or remuneration, by whatever name called, made by such association or body to a member of such association or body. Explanation 1 .- Where interest is paid by an association or body to any member thereof who has also paid interest to the association or body, the amount of interest to be disallowed under this clause shall be limited to the amount by which the payment of interest by the association or body to the member exceeds the payment of interest by the member to the association or body. Explanation 2 .- Where an individual is a member of an association or body on behalf, or for the benefit of any other person (such member and the other person being hereinafter referred to as member in a representative capacity and person so represented , respectively),- (i) interest paid by the association or body to such individual or by such individual to the association or body otherwise than ag member in a representative capacity, shall not be taken into account for the purposes of this clause; (ii) interest paid by the association or body to such individual or by such individual to the association or body as member in a representative capacity and interest paid by the association or body to the person so represented or by the person so represented to the association or body, shall be taken into account for the purposes of this clause. Explanation 3 .- Where an individual is a member of an association or body otherwise than as member in a representative capacity, interest paid by the association or body to such individual shall not be taken into account for the purposes of this clause, if such interest is received by him on behalf, or for the benefit, of any other person. .