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MINISTRY OF LAW AND ruSTICE

(Le gislative Deparment)

New Delhi, the 18th September, 2019/Bhadra 27, 1941 (Saka)

Trm PROHIBITION OF ELECTRONIC CTGARETTES (PRODUCION,

MANUEACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION,

STORAGE AND ADVERTISEMENT) ORDINANCE, 20 19

No.14OF2019

Promulgated by the President in the Seventieth Year of the Republic of India.

An Ordinance to Prohibit the production, manufacture, import, export, transport, sale,

distribution, storage and advertisement of electronic cigarettes in the interest of public health to

protect the people from harm and for matters connected therewith or incidental thereto;

WHEREaS India is a signatory to the World Health Organisation Framework

Convention on Tobacco Control adopted in Geneva, Switzerland on 21st day of May, 2003

which came into force on the 27th day of February, 2005;

1551

1652

Bdiqre vqq{, frci-6 3 frq|{r 2ole

Short title and

commeniement.

Declaration as

to expediency

ofcontrol by

Union.

Definitions.

AND WHEREAS the Confbience of parties established

under article 23 of the said convention took a decision on the

18'h day of October, 2014 to invite the parties to the

Conveqtion to consider prohibiting or regulating the

electronic cigarettes or the Electronic Nicotine Deliveiy

Systems and the Electronic non-Nicotine Delivery Systems,

including as tobacco products, medicinal products, "orno*.i

products or other categories, as appropriate, taking rlto,

alcount a high level of protection for human health;

AND WHEREAS the Conference of parties took a decision

to urge the Parties to the convention to consider banning or

reskicting advertising, promotion and sponsorship of the iaid

Delivery Systems;

AND WHEREAS since these devices are injurious to health

and proliferation.of these products has negative impact on

public health, it is expedient to prohibit- the production,

manufacture, irrrporL export, transport, sale, distributioq

storage and advertisement of electronic cigarettes as enjoined

by article 47 of the Constitution of India;

AND WHEREAS article 51 of the Constitution of lndia

requires the State to endeavour to foster respect for

international law and treaty obligations in the dealings of

organised peoples with one another;

AND WHEREAS Parliament is not in session and the

President is satisfied that circumstances exist which render it

necessary forhim to take immediate action;

Now, THEREFoRE, in exercise of the powers conferred by

clause (1) of article 123 of the constitution, the president is

pleased to promulgate the following Ordinance.-

1. (/) This Ordinance may be called the prohibition of

Electronic Cigarettes (Production, Manufacture, knport,

P*porq ^Transport,^Sale,^Distibution,^Storage

and

Advertisement) Ordinanc e, 2019.

(2) It shall come into force at once.

. ^2.^It^is^hereby^declared^that^it^is^expedientⁱⁿ^{the public}

interest that the Union should take under its control the

electronic cigarettes i"du.t y,

3. In this Ordinance, unless the context otherwise

requires,-

uffiwc {rqrd, fus 3 i{ewq 2s 1 e

16s2 ⁽¹⁾

{a) ^{"advertisernent"}^meansar,y audio or visgal

publicity, representation or pronouncement made by

means of any light, sound, smoke, gas, print, electronic

med.ia, intemet orwebsite or social media and includes

through any notice, circular, label, wrapper, invoice _or

other document or device;

(D) "authorised officer" means-

(i) any police officer not below the rank of sub-

inspector; or;

(il) any other officer, not below the rank of sub-

inspector, authorised by the Central Government or the

State Government by notification;

whether free or otherwise and the expression "distribute,,

shall be construed accordingly;

(@ "electronic cigarette" means an electronic device that

heats a substance, with or without nicotine and flavours, to

create an aerosol for inhalation and includes all forms of

Electronic Nicotine Delivery Systems, Heat Not Burn

Products, e-Hookah and the like devices, by whatever name

called and whatever shape, size or form it may have, but does

not include any product licensed under the Drugs and

Cosmetics Act, 1940.

Explanation-For the purposes of this clause, the

expression "substance" includes any natural or artiflcial

substance or other rnatter, whether it is in a solid state or in

liquid forrn or in the form of gas or vaponr;

(e) "export" with its grammatical variations and cognate

expressions, means taking out of India to a place outside

India;

(l) "imporf'udth its grammatical variations and cognate

expressions, means bringrng into India from a place outside

India;

k) ^{"manufacture"}^meansa ^processfor making or

assembling electronic cigarettes and any part thereof, which

includes any sub-process, incidental or ancillary to the

manufacture of electronic cigarettes and any part thereof;

(h) "notification" means a notification published in the

Official Gazette;

23 of 1940

t6s2 ⁽²⁾

, ffi-s 3Qiqqr2ote

Prohibition on

productior5

manufacturing,

import, export

transport, sale,

distribution,

ofelectronic

cigarettes.

Prohibition on

storage of

electronic

cigarettes.

-- ⁽ⁱ⁾^"person"^ineludes-

(r) aly individual or group of individuals;

(ii) a firm (whether registered or not);

(iii) aHindu Undivided Family;

(lv) a trust;

(v) a limited liability parrnership;

(vi) a co-operative society;

(vii) any corporation or compauy or body of

individuals;and

(vii) every artificial juridical person not falling

within any of the preceding sub-clauses;

A ^"place"^{includes any}^house,^room,enclosure, space,

conveyance or the area in like nature;

(t) "production' with its grammatical variations and

cognate expressions, includes the making or assembling of

electronic cigarettes and any partthereof;

(I) "sale" with its grarnmatical variations and cognate

expressions, means any transfer of property in goods

(including online transfer) by one person to another, whether

for cash or on credit, or by way of exchange, and whether

wholesale or retail, and includes an agreement for sale, and

offer for sale and exposure for sale.

4. On and from the date of commencement of this

Ordinance, no person shall, directly or indirectly,-

(r) produce or manufacture or import or export or

transport or sell or distribute electronic cigarettes, whether

as a complete product or any part thereof; and

(ii) advertise electronic cigarettes or take part in any

advertisement that directly or indirectly promotes the use

of electronic cigarettes.

5. On and from the date of commencement of this

Ordinance, no person, being the owner or occupier or having

the control or use of any place shall, knowingly permit it to

be used for storage ofany stock ofelectronic cigarittes:

Bdiqrravqqr, AHis 3 ftveq 261 e

16s2 ⁽³⁾

Provided that any existing stock of electronic cigarettes

is-on the date of the colnmencement of this Ordinance kept.

for sale, distribution, transport, export or advertisement shail

be disposed of in the 1nannff hereinafter specified-

(a) the owner or occupier of the place with respect to

the existing stock of electronic cigarettes shall, suo moto, .

prepare a list of such stock of electronic cigarettes in his

pOssession and without unnecessary delay submit the stock as

specified in the list to the nearest office of the authorised

officer; and

(D) the authorised officer to whom any stock of

electronic cigarettes is fonvarded under clause (a) shall, with

all convenient despatcir, take such measures as may be

necessary for the disposal according to the law for the time

being in force.

6. (/) An authorised officer, if he has reason to believe

that any provision of this Ordinance has been, or is being

contravened, may enter and search any place whsrc-

(a) any trade or coflrmerce in electronic cigarettes is

ca:ried on or electronic cigarettes are produced, supplied,

distributed, stored or transported; or

O) ^any^{advertisement}^{of the}^{electronic cigarettes}has

been or is being made.

(2) After completion of the search referred to in sub-

section (/), the authorised offrcer shall seize any record or

property found as a result of the search in the said place,

which are intended to be used, or reasonably suspected to

have been used, in connection with any matter referred to in

sub-section (/) and if he thirks proper, take into custody and

produce, along with the record or property so seized, before

the Court of Judicial Magi.strate of the first class, any such

person whom he has reason to believe to have cornmitted any

offence punishable under this Ordinance.

(3) Where it is not practicable to seize the record or

property, the officer authorised under sub-section (/), may

make an order in writing to attach such properly, stocks or

records maintained by the producer, manufacfurer, importer,

exporter, transporter, seller, distributer, advertiser or stockist

about which a complaint has been made or credible

information has been received or a reasonable suspicion

exists of their having been connected with any offence in

contravention of the provisions of this Ordinance and such

Power to ente!,

search and seize

without

warrant.

t6s2 ⁽⁴¹

Edqqqttqq{, ftcis r ftmqt zors

Punishment for

contravention of

section 4.

Punishment for

contravention of

section 5.

Jurisdiction and

trial of offences.

Power to

dispose ofstock

seized.

Offences by

Companies.

order shal1 be binri-ing on the person connected with the said

offence.

(4) All -searches, seizures and attachment under this

section shall be made in accordance with the provisions of the

Code of Criminal Procedure,19i3.

7. Whoever contravenes the provisions of section 4, shall

be punishable with imprisonment for a term which may

Oxtend to one year or with fine which may extend to one lakh

rupees, or with both, and, for the second or subsequent

offlence, with imprisonment for a term which may extend to

three years and with fine which may extend to five lakh

rupees.

8. Whoever confuavenes the provisions of section 5, shall

be punishable with imprisonment for a term which may

extend to six months or with fine which may extend to frfty

thousand rupees or with both.

9. (/) Aay person committing an offence under section 4

or section 5 shall be triable for such offence in any place in

which he is liable to be tried under any law for the time being

in force.

(2) All offences under this Ordinance shall be tried by

the Court of Judicial Magistate of the first class in

accordance with the procedure provided for trials in the Code

of Criminal Procedure, 1973.

L0. After completion of the proceedings before the Court

and if it is proved that the stock seized by the authorised

officer under the provisions of this Ordinance are stocks of

electronic cigarettes, such stocks shall be disposed of in

accordance with the provisions contained in Chapter XXXIV

of the Code of Criminal.Procedure, 1973.

11. (/) Where an offence under this Ordinance has been

committed by a company, every person who, at the time the

offence was committed, was in charge of, and was

responsible to the company for the conduct of, the business of

the company, as well as the company, shall be deemed to be

guilty of the offence and shall be liable to be proceeded

against and punished accordingly:

Provided that nothing contained in this sub-section shall

render any such person liable to any punishment provided in

this Ordinance, if he proves that the offence was committed

without his knowledge or that he had exercised all due

diliqence to prevent ttre commission of such offence.

2 of 1974

2 of 1974.

Biftrrrr€ rtqq{, fu'-6 s ftsqt zors

r6s2 ^(s)

2 of 1974.

..(?) Notwithstandmg anything contained in sub-section

(/), where an offence under this Ordinance has been

committed by a company, and it is proved that the offence

has been committed with the consent or connivance of, or is

attributable to any neglect on the part of any director,

manager, secretary or other officer of the company, such

directol manager, secretary or other officer shall also be

deemed to be guilty of the offence and shall be liable to be

proceeded against and punished accordingly.

Explanation -For

the purpose of this sectioft.-

(a) "company'' means any body corporate and

includes a frrm or other association of individuals; and

(b) "director" means a whole-time director in the

company and in relation to a firm, means a partner in the

firm.

12. No court shall take cognizance of an offence

punishable under this Ordinance, except upon a complaint in

writing made by an authorised officer under this Ordinance.

13. Notwithstanding anything contained in the Code of

Criminal Procedure, 1973, anoffence under section 4 shall be

cognizable.

14. Save as otherwise orpressly provided in this

Ordinance, the provisions of this Ordinance shall have effect

notwithstanding anything inconsistent therewith contained in

any other law for the time being in force.

15. The provisions of this Ordinance shall be in addition

to and not in derogation of the provisions of any other law for

the time being in force prohibiting production, manufacture,

import, export, transport, sale, distribution, storage and

advertisement of electronic cigarettes.

16. No suit, prosecution or other legal proceeding shall

lie against the Central Govemment or any State Government

or any offrcer of the Central Governmert or any State

Govenrment for anything which is in good faith done or

intended to be done under this Ordinance.

Cognizance of

offences.

Offences to be

cognizable.

Ordinance to

have overriding

effect.

Application of

other laws not

barred.

Protection

action taken

good faith.

17. (1) If any difficulty arises in giving effect to the Power

provisions of this Ordinance, the Central Govemment may, ^remove

Ly un order published in the official Gazette, make such ^{difficulties'}

15s2 ⁽⁶⁾

en#qrreruq*, ft{q 3 fulr1 261e

provision not inconsistent with the provisions of this

Oidirance, as may-appear to be necessary or expe<iient for

removing the difficulty.

(2) Every order made under this section shall be laid,_as

soon as may be after it is made, before each-House of

Parliament.

RAMNATH KOVIND,

President.

DR G. NARAYANA RAJU,

Secretary to the Govt. of India.

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MINISTRY OF LAWAND ruSTICE

(Le gislative Department)

New Delhi, the 2 0th September 2 0 I 9/Bhadra 2 9, I 94 I (Saka)

TI{E TAXATION LAWS (AMENDMENT) ORDINANCF., 20t9

No.15OF2019

Promulgated by the President in the Seventieth Year of the Republic of India.

An Ordinance further to amend the lncome-taxAct, 1961 and the Finance (No. 2)

Act2019.

WHEREAS Parliament is not in session and the President is satisfied that

circumstances exist which render it necessary for him to take immediate action;

Now, TI#REFoRE, in exercise of the powers conferred by clause ( I ) of arti cle 123

of the Constitution, the President is pleased to promulgate the following Ordinance :-

CHAPTERI

PRELIMINARY

l. (l) ThisOrdinancemaybecalledtheTaxationLaws(Amendment)Ordinance,20l9.

(2) Save as otherwise provided, this Ordinance shall come into force at once.

Short title and

commencement.

t6s2 ⁽⁷¹

l6s2 ⁽⁸⁾

furtqrd, ftcifi3ftgd1261e

Amendment of

section 928A..

Amendment of

section 115ElA.

Insertion of

new sections

ll5BAA and

I15BAB.

Iax on lncome

certain

domestic

companies.

CHAPTER II

"-- --

lxucNoMENTS IN THE INCoME-TAx ACT, r96t

2. In section 92BA of the Income-tax Act, 1961 (hereafter

in this Chapter referred to as the Income-tax Act), after clause

(v), the following clause shall be inserted with effect iiom the

lst day ofApril, 2020,name1y:-

" (va) any business transacted between the persons

referred to in sub-section (4) of section 11 5BAB;".

3. In section 1l5BA of the Income-tax Act with effect from

the lst day ofApril,2020,-

(a) for the marginal heading "Tax on income of certain

domestic companies", the marginal heading "Tax on

income of certain domestic manufacturing companies,'

shall be substituted;

(6) in sub-section (1), for the words "subject to the

other provisions of this Chapter", the words, figures and

letters "subject to the other provisions of this Chapter, other

than those mentioned under section ll5BAA and section

115BAB" shall be substituted;

proviso sha1l be inserted, namely:-

"Provided further that where the person exercises

option under section 115BAB, the option under this

section may be withdrawn.".

4, After section ll5BA of the Income-tax Act, the

following sections shall be inserted with effect from the lst day

of April, 2020, namely :-

"l I5BAA. (,1) Notwithstanding anything contained in

this Act but subject to the provisions of this Chapter, other

than those mentioned under section ll5BA and section

ll5BAB, the income-tax payable in respect of the total

income of a person, being a domestic company, for any

previous year relevant to the assessrnent year beginning on

or after the lst day of April, 2:020, shall, at the option of

such person, be computed at the rate of twenty-two per

cent., if the conditions contained in sub-section (2) are

satisfied.

(2) For the purposes of sub-section (1), the following

conditions shall apply subject to the condition that the total

income of the company has been computed,-

41.of 1961.

er#srr€ rtqqd, ffi-d 3 fr*iwq 26 1 e

t6s2 ^(e)

(i) without any deduction under the proviJhns-of

-\ section 10AA or clause (iia) of sub-section (1) of \-

section 32 or section 32AD or section 33AB or section ^.

33ABA or sub-clause (ii) or sub-clause (fia) or sub-

clause (iii) of sub-section (1) or sub-section (2AA) or

sub.-section (2AB) of section 35 or sectiori-35AD or

section 35CCC or section 35CCD or under any

provisions of Chapter VI-A under the heading*C.-

Deductions in respect of certain incomes" other than

the provisions of section 80JJAA;

(if) without set off of any loss carried forward from

any earlier assessment year if such loss is attributable to

any ofthe deductions referred to in sub-clause (f); and

(rri) by claiming the depreciation, if any, under

section 32, other than clause (iia) of sub-section (1) of

the said section, deterrnined in such manner as may be

prescribed.

(3) The loss referred to in sub-clause (ff) of sub-section

(2) shall be deemed to have been already given full effect

to and no furttrer deduction for such loss shall be allowed

for any subsequent year.

(4) Nothing contained in this section shall apply unless

the option is exercised by the person in the prescribed

manner on or before the due date specified under sub-

section (/) of section 139 for furnishing the retums of

income for any previous year relevant to the assessment

year commencing on or after lst day of April, 202A and

such option once exercised shall apply to subsequent

assessment years:

Provided that once the option has been exercised for

any previous year, it cannot be subsequently withdrawn

for the same or any other previous year.

115BAB.(1) Notrvithstanding anyttring contained in Ta* $r income

this Act but subject to the provisions of this Chapter, other ^of^certain^new

than those mentioned under section ll5BA and section

oomestrc.

1I5BAA, the income-tax payable in respect of the total [T;:X,H'" .

income of a person, being a domestic company, for any

previous year relevant to the assessment year beginning on

or after the lst day of April, 2020, shall, at the option of

such person, be computed at the rate of fifteen per cent., if

the conditions contained in sub-section (2) are satisfied.

(2) For the purposes of sub-section (1), the following

conditions shall apply, namely:-

16s2 ⁽¹⁰⁾

iffiflqrc{Fffid, ft<i{ r fteqr zors

(a) the company has been set-up and regis-terc{ on

or after the 1st dry of Octobei, 2}if: and ils-=_

cornmenced manufacturing on or before the 31st day of

March,2\23,ffid,-

O ^is^not^formedby splitting up, or the

reconstruction, of abusiness already in existence:

Provided that this condition shall not apply

in respect of an undertaking which is formed as

a result of the re-establishment, reconstruction

or revival by the person of the business of any

such undertaking as is referred to in section

33B, in the circumstances and within the period

specified in the said sectionr

(i, does not use any machinery or plant

previously used for any purpose.

Explanatiorz 1.-For the purposes of sub-clause

(il), any machinery or plant which was used outside

India by any other person shall not be regarded as

machinery or plant previously used for any pu{pose,

if the following conditions are firlfilled, namely:-

(A) *tch machinery or plant was not, at any

time previous to the date of the installation by

the person, used in India;

@/ ^such^{machinery or plant}^{is imported}into

India from any country outside India; and

in respect of such machinery or plant has been

allowed or is allowable under the provisions of

this Act in computing the total income of any

person for any period prior to the date of the

installation ofmachinery or plant by the person.

Explanatiorz 2.-Where in the case of a person,

any machinery or plant or any part thereof

previously used for any purpose is put to use by the

company and the total value of such machinery or

plant or part thereof does not exceed twenty per

cent. of the total value of the machinery or plant

used by the company, then, for the purposes of sub-

clause (ii) of this clause, the condition specified

therein shall be deemed to have been complied

with;

Efuc{qq*, frri6rfrq€izors

l6s2 (tl)

(iii) does not use any building previously used

a hotel or a convention centre, as the case may

Explanation.-For the purposes of this sub-

clause, the expressions "convention centre,, and

"hotel" shall have the meanings respectively

assigned to them in clause (a) and clause (b) of sub-

section (6) of section 80-ID;

(b) the company is not engaged in any business

other than the business of manufacture or production of

any article or thing and research in relation to, or

distribution of, such article or thing manufactured or

produced by it; and

compute{-

(i) without any deduction under the provisions

of section 10AA or clause (ifa) of sub-section (1) of

section 32 or section 32AD or section 33AB or

section 33ABA or sub-clause (if) or sub-clause (ira)

or sub-clause (ifr) of sub-section (1) or sub-section

(2AA) or sub-section (2AB) of section 35 or section

35AD or section 35CCC or section 35CCD or under

any provisions of Chapter VI-A under the

heading "C.-Deductiow in respect of certain

incomes" other than the provisions of section

SOJJAA;

(fi) without set offof any loss carried forward

from any earlier assessment year if such loss is

attributable to any of the deductions referred to in

sub-clause (r); and

(fir) by claiming the depreciation under section

32, other than clause (iia) of sub-section (/) of the

said sectioq determined in such manner as may be

prescribed.

(3) The loss referred to in sub-clause (fi) of clause (c) of

sub-section (2) shall be deemed to have been already given

fuIl effect to and no further deduction for such loss shall be

allowed for any subsequent year.

(4) Where it appears to the Assessing Offrcer that,

owing to the close connection between the company and

any other person, or for any other reason, the course of

business between them is so arranged that the business

be.

t6s2 (tzl

, ^{frHi-s3ftsqq261e}

transacted between them produces to the company more

- than.the ordinary profits which might be expected to arise,

the Assessing Officer shall, in computing the profits and

.gains ^of^{such company}^for^{the pu{poses}^of^Uris^section,^take

the amount of profits as may be reasonably dbemed to have

been derived therefromt

.- ^,

Provided that in case the aforesaid arrangement

involves a specified domestic tansaction referred to in

section 928A, the amount of profits from such transaction

shall be determined having regard to arm's length price as

defined in clause (ii) of section 92F.

(5) Nothing contained in this section shall apply unless

the option is exercised by the person in the prescribed

manner on or before the due date specified under sub-

section (1) of section 139 for furnishing the first of the

retums of income for any previous year relevant to the

assessment year commencing on or after lst day of April,

2020 and such option once exercised shall apply to

subsequent asse ssment years :

Provided that once the option has been exercised for

any previous year, it cannot be subsequently withdrawn for

the same or any other previous year.

Amendmdnt of

5.In section ll5JB of the Income-taxAct, with effect from

section 1l5JB' the lst day ofApril,Z02O,-

(a) in sub-section (/), the following proviso shall be

inserted, namely:-

"Provided that for the previous year relevant to the

assessment year commencing on or after the lst day of

April, 202A, the provisions of this sub-section shall

have effect as if for the words "eighteen and one-half

per cent.", occurring at both the places, the words

"fifteen per cent." had been substifuted.";

(b) for sub-section (51), the following sub-section shall

be substituted, namely:-

"(5A) The provisions of this section shall not apply

to,-

(r) any income accruing or arising to a company

from life insurance business referred to in section

I l58;

sdqqd rtqrrd, frci-6 3 ftnwq 26 1 e

r6s2 ⁽¹³⁾

l5 ofI992.

(fi) a person who has exercised the option

referred to under section 115BAA or section

I 158AB.".

6. tn section 115QA of the lncome-tax Act, in sub-section

(1), the following proviso shall be inserted and shall be deem'ed

to have been inserted with effect from the 5th day of July,

2019, namely:-

"Provided that the provisions of this sub-section shall

not apply to such buy-back of shares (being the strares

listed on a recognised stock exchange), in respect of which

public announcement has been made before 5th day of July,

2019 in accordance with the provisions of the Securities

and Exchange Board of India (Buy-back of Securities)

Regulations, 2018 made under the Securities and Exchange

Board of India Act,1992 as amended from time to time.

CHAPTER III

AMENDMENTS IN THE FINANCE (No.2) Act,20t9

7. In section 2 of the Finance (No.2) Act,2019 [hereafter in

this Chapter referred to as the Finance CNo.2) Actl, in sub_

section (9), with effect from the lst day ofApril, 2}lg,-

(a) in third proviSo,-

(i) in clause (a) for the words "the Income-tax Act,',

the words, figures and letters "the Income-tax Act, not

having any income under section llsAD of the

Income-tax Act" shall be inserted and shall be deemed

to have treen inserted;

(ir) after clause (a), the following clause shall be

inserted and shall be deemed to have been inserted,

namely:-

'(aa) in the case of every association of persons

or body of individuals, whether incorporated or not,

having income under section ll5AD of the Income-

taxAct-

(D at the rate of ten per cent. of such

"advance tax", where the total income exceeds

fifly lakh rupees, but does not exceed one crore

rupees;

(ii) at the rate of fifteen per cent. of such

"advance tax", where the total income exceeds

one crore rupees but does not exceed two crore

Amendment of

section I l5QA-

Amendment of

Act No. 23 of

2019.

t6s2 (14)

, ^{ffi63fr{r6q2619}

rupees;

(iii) at the rate of twenty five per cent. of

such "advance tax", where the total incdme

[excluding ^the^income^of^thenature referred to

in clause (D) of sub-section (1) of section

115AD of the Income-tax Act] exceeds two

crore rupees but does not exceed five crore

rupees;

(iv) at the rate of thirty-seven per cent. of

such "advan@ tax", where the total income

[excluding ^the^incomeof ^the^naturereferred to

in clause (b) of sub-section (/) of section

llsAD of the Income-tax Act] exceeds five

crore rupees;

(v) at the rate of fifteen per cent. of such

"advance ht'', where the total income

[including ^the^income^of^thenature referred to

in clause (D) of sub-section (/) of section

ll5AD of the Income-tax Act] exceeds two

crore rupees but is not covered in sub-clauses

(fii) and (fv):

Provided that in case where the total income

includes any income chargeable under clause (6)

of sub-section (1) of section 1l5AD of the

Income-tax Act, the rate of surcharge on the

advance tax computed on that part of income

shall not exceed fifteen per cent.;';

(D) in the fourth proviso, for the words, brackets

and letter "in (a) above", the words, brackets and letters

"in (a) alnd (aa'1above" shall be substituted;

shall be inserted, namely:-

"Provided also that in respect of any income

chargeable to tax under section ll5BAA or section

115BAB of the lncome-tax Act, the tax computed under

the first proviso shall be inqeased by a surcharge, for the

pulposes of the Union, calculated at the rate of ten per

cent. ofsuch "advanc€ tax".

8. In the First Schedule of the Finance (No.2) Act, with Amendment of

effect from the lst day ofApril, zOLg,-

Part II of First

Schedule.

uf,rqre rtqrd, H-s r ftsqr zor s

r6s2 (ls)

(l) in PART II, under the sub-heading "surcharge on

income-tax", ip paragraph (i), in clause (a),-

(l) in sub-clauses I and II, after the words "aggregate

of such incomes", the brackets, figures and letters

"(including the income under the provisions of section

111Aand section ll2A of the Income-tax Act)t' shall be

inserted and shall be deemed to have been inserted;

(ii) in sub-clauses III and IV, after the words

"aggregate of such hlsomes" the brackets, figures and

letters "(excluding the income under the provisions of

section 111A and section 112A of the Incorne-tax Act),,

shall be inserted and shall be deemed to have been

inserted.

(lff) after sub-clause IY the following sub-clause shall

be inserted and shall be deemed to have been inserted,

namely:-

*V. at the rate of fifteen per cent. of such tax,

where the income or aggregate of such incomes

(including the income under the provisions of section

I llA and section ll2y'^of the Income-tax Act) paid or

likely to be paid and subject to the deduction exceeds

two crore rupees, but is not covered under sub-clauses

III and tV):

Provided that in case where the total income

includes any income chargeable under section lllA

and section 112A of the Income-tax Act, the rate of

surcharge on the amount of income-tax deducted in

respect of that part of income shall not exceed fifteen

per cent.;';

(B) in PART III, in Paragraph A, under the sub-heading

"Swcharge on income-tax", after the opening portion,-

(r) in clauses (a) and (6), after the words "having a

total income", the brackets, words, figures and letters

"(including the income under the provisions of section

t 11A and section 1l2A)' shall be inserted;

(fi) in clauses (c) and (d), after the words "having a

total income", the brackets, words, figures and letters

"(excluding the income under the provisions of section

111A and section 112A)" strall be inserted;

(iir) after clause (d) and before the proviso, the

' following clause shall be inserted, namely:-

t6s2 ⁽¹⁶⁾

':(e) having a total income (including the income

urider the provisions of section 111A and section

ll2A) exceeding two crore rupees, but is not bovered

under clauses (c) and (d;, shall be applicsble at the

Provided ttrat in case where the total income

includes any income chargeable under section 111A.

and sectibn 112A of the Income-tan Acg the rate of

sr.uctrarge on the amount of income-ta:r computed on

that part of income shall not exceed fifteen per

cent.;';

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary n the Govt. of hdia.

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