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Extraordinary Gazette of India · Government of India

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Published 26 August 1949

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CENTRAL'S

LIBRARY

227

Government india .

REGISTERED No. D -28

of India The Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI , FRIDAY , AUGUST 23 , 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi , the 20th August , 1949

ORDINANCE NO XXI OF 1919

AN

ORDINANCE

to extend certain laws relating to laxation on income to certain areas adminio- tered as parts of Governors ' Provinces or as Chief Commissioner ' Provinces .

WHEREAS by Orders under section 200A of the Government of India Ack, 1935 (26 (Geo . 5 , c . 2) , provision has been made for the administration of certain arons cither as if they formed put of a Governor's Province or as if they were a Chief Commissioner's Province ;

AND WHEREAS an emergency has arisen which makes it necessary that certain laws relating to taxation on incomo should be extended to , and by virtue of such extension , be in force in , the said arcas ;

NOW , THEREFORE , in exercise of the powers conferred by section 42 of the said Act , the Governor -General is pleased to make and promu'gate the following Ordinance :--

1. Short title and commencement . ( 1 ) This Ordinance may be called the Taxation Laws ( Extensionto Merged States) Ordinance , 1949 .

(2) It shall come into force at once .

meant 2. Definition . In this Ordinance , the expression " merged States " all the States and parts of States which are administered by virtue of the States' Merger ( ( tovernors ' Provinces ) Order , 1949 , as if they formed part of a Govermors Province or administered by virtue of the States ' Merger ( Chiel Comimssioners' Provinces ) Order , 1949 , as if they were a Chief Commissioner ' Province ,

3. Extension of taxation laws to merged States . (1 ) The following Act namely :--

(i) the Indian Income - tax Act , 1922 (XI of 1922 ) ,

(1457) 1458 THE GAZETTE OF INDIA EXTRAORDINARY , AUGUST 26 , 1940

i) the Government Trading Taxation Act , 1926 ( III of 1926) ,

( ii ) the Business Profits Tax Act , 1947 ( XXI of 1947 ) ,

(iv ) the Taxation on Income (Investigation Commission ) Act , 1947 (XXX of 1947) ,

(1 ) the Indian Finance Act , 1949 (XIV of 1949 ) ,

( ni ) the Payment of Taxes (Transfer of Property) Act , 1949 ( XXII ( 1949 ) ,

and all rules and orders made thereunder which are in force immediately before the commencement of this Ordinance , are hereby extended to , and shall be in force in , all the merged States

(2) The Indian Income - tax Act , 1922 , the Business Profits Tax Act 1947, and the Indian Finance Act , 1949 , and ail rules and orders made there- under , shall operate as if they had been extended to , and brought into force in, all the merged States on the 1st day of April , 1949 .

4. Interpretation of laws as extended . In any Act , rule or order extended by section 3 to the merged States , notwithstanding anything contained in the General Clauses Act, 1897 (X of 1897 ) ,-

(a) any reference , by whatever form of words , to the Acceding States or the Indian States shall be construed as not inc'uding a reference to any of the merged States ;

(b) any reference , by whatever form of words , to British tubjects shall be deemed to include a reference to persons who , immediately befow the 1st day of August , 1949 , were subjects of any of the merged States ;

(c) any reference , by whatever forın of words , to any Governor's Province shall be construed as including a reference to those merged States which are now administered as if they formed part of that Province ; and

(d) any reference , by whatever form of words , to the Provinces gen- erally or to the Chief Commissioners ' Provinces generally shall be con- strued as including a reference to those merged States which are non ministered as if they were a Chief Commissioner's Province . d.

5. Amendment of Act XI of 1922. The amendments specified in the First Schedule shall be made in the Indian Income- tax Act , 1922 , and shall be deemed to have been made therein with effect from the 1st day of April , 1949

6. Amendment of Act XXI of 1947. The amendments specified in the Second Schedule shall be made in the Business Profits Tax Act , 1947 , and shall be deemed to have been made therein with effet from the ist day of April , 1940

7. Repeal of corresponding laws and savings .---( 7 ) 11, in mediately betore the compenecmem of this Ordinance , there is in tores in any of the merged Stateς την Jaw relating to income- tax , super - tax or business profits tax, that shall cease to have effect except for the purposes of the levy , assessment and coflechon of income - tax and supor - tax in respect of any period not included In the previous your for the purposes of assessment under the Indian Income - tax Ant, 1922 , extended to that Stote by this Ordinance , or , as the case may be , the levy , assessment and collection of business profits tax for any chargeable counting period ending on or before the 81st day of March , 1948 , and for any purposes connected with such levy , assessment or collection:

229

1459 THE GAZETTE OF INDIA , EXTRAORDINARY , AUGUST 26 , 1949

Provided that any referenco m any such law to an officer , authority , tribunal or Court shall be construed as a reference to the corresponding officer , authority, iribunal or Court appointed or constituted by or under the Indian Income - tax Act , 1922 , or , as the case may be , the Business Profits Tax Act , 1947 , as ex- tended by this Ordinance to that merged State .

Provided further that if any question arises as to who such corresponding officer , authority , tribunal or Court is , the decision of the Central Government thereon shall be final .

( 2) Notwithstanding anything contained in any Order made by the Govern nent of any Province under the Extra - Provincial Jurisdiction Act , 1947 ( XLVII of 1947) applying the Indian Income - tax Act , 1922 or the Business Profits Tax Act , 1947 to any of the merged States now administered as part of that Province , and repealing the corresponding enactment , if any , of that merged State in force therein immediately before such application , that enactment shall be deemed to be a law in force in that merged State immediately before the commencement of this Ordinance, and the provisions of sub - section ( 1) of this section shall apply accordingly in relation to that law; and all references to the Indian Income - tax Act , 1922 and the Business Profits Tax Act , 1947 shall be omitted from and shall be deemed never to have been included in the said Order .

(3 ) If, immediately bofore the commercement of this Ordinance , there is in force in any of the merged States any law corresponding to the Government Frading Taxation Act , 1926 , the Taxation on Income (Investigation Commission) Act, 1947, or the Payment of Taxes ( Transfer of Property) Act , 1949 , whether by virtue of an order under the Extra - Provincial Jurisdiction Act , 1947 , or by virtue of any other legislative power, such corresponding law is hereby repealed:

Provided that section 6 of the General Clauses Act , 1897 , shall apply in re- lution to such repeal as if the corresponding law had been an enactment and this Ordinance had been a Central Act .

8. Removal of difficulties ,-If any difficulty arises in giving effect to the provisions of this Ordinance , the Central Government may by order make such provisions , or give such directions , as appear to it to be necessary for removal of the difficulty .

THE FIRST SCHEDULE

(See section 5)

Amendments to the Indian Income- tar Act 1922 ( A ) of 1922 )

1. In section 2 ,-

(a) to clause ( 34) , the following provisos shall be added , namely: --

" Provided that , is respects any period mcluded in the previous year for the purpose of making any assessment for the year ending on the 31st day of March , 1950 , or for any subsequent year, and as respects any period after the 31st day of March 1949 , for any of the purposos this Act , the merged States shall be deemed to be territories comprised in the Provinces of Indus

Provided further that , for the purposes of sections 44 and 4B , the merged States shall , as respects uny period whether before or after the 31st day of March 1949 be deetned to be territories comprised m British India

( b) m slause (74 ) , aitor the figures 1918 the words ' or a company tomed and registered under a law in force in any of the merged States' shall be inserted 230.

1460 THE GAZETTE OF INDIA , EXTRAORDINARY , AUGUST 26 , 1040

(1) after clause ( 8 ) , the following clause shan he inserted , namely : --

" ( 84) ' merged States' means all the States and parts of Stater which are admmunstered by virtue of the States' Merger ( Governors Provinces ) Order , 1949 , as if they formed part of a Governor's Pro- vince , or administered by virtue of the States' Merger ( Chief Com- missioners ' Provinces ) Order , 1949 , ns if they were a Chief Com- missioners Province;" .

2. In sub- section ( 1 ) of section 4 , Explanation shall be inserted , namely :- after Explanation 3 the to lowing

" Explanation 1. For the purposes of sub - clause ( ii) of cause ( b ) of sub - setton ( 1 ) , income , profits and gams accruing , or arising , in any of the merged States before the begining of a previous year and after the 1st day of April , 1933 , shal be deemed to be brought into , or received in , British India during such year it and only if , they are brought into , or received in , any part of British Ind'a other than that merged State during such year . "

3. In sub - section ( 7 ) of section 22 , for the words " Provided that the folow- ing shall be substituted , namely :-

"Provided that the noticeto be given under this section im respect of the merged States in the year 1949 sha'l be given on or before the 1st day of October , 1949 :

Provided further that " ,

4 After section 60 , the following section shall be inserted , namely: -

" 60A . Power to make exemption , etc. , in relation to merged States.- If the Central Government considers it necessary or expedient so to do for avoiding any hardship or anomaly , or removing any ditlicu ty , that may arise as a result of the extension of this Act to the merged States , the Central Goverurnent may , by general or special order , make an exemp- tion , reduction in rate or other modification in respect of income - tax in favour of any class of income , or in regard to the whole or any part of the income of any person or class of persons . "

5. In sub - c'ause (a) of clause ( iv) of sub - section (2) of section 61 , after the figures " 1938 " the words and figures " in British India , or before the 1st day of April , 1949, in any of the merged States shall be inserted.

6. For sub - section ( 8 ) of section 66 , the following sub- section shal be sub- stituted , namely :-

( 8 ) For the purposes of this section , ' tho High Court means- " that Province ; (a) in relation to any Governor's Province, the High Court of

(b) in relation to the Chief Commissioners' Provinces of Delhi Himachal Pradesh and Bilaspur , the High Court of East Punjab ;

(c) in relation to the Chief Commissioners ' Provinces of Ajmer- Merwara , Panth Piploda and Rampur , the High Court at Al'ahabad.

(d) in relationto the Chief Commissioner's Province of Coorg , the High Court at Madras ;

(e) in relation to the Chief Commissioner's Province of the Anda- man and Nicobar Islands the High Court at Calcutta;

231

THE GAZETTE OF INDIA , EXTRAORDINARY , AUGUST 26, 1949 146

(f) in relation to the Chief Commissioner's Province of Kutch, the High Court at Bombay ; and

(g) in relation to the Chief Commissioner's Province of Bhopal , the High Court at Nagpur. "

THE SECOND SCHEDULE

(See section 6)

Amendments to the Business Profits Tax Act , 1947 (XXI of 1947) .

1. In section 2,-

(a) to clause (2.1) the following proviso shail be added , namely-

"Provided that , as respeets any accounting period whether falling wholly within, or partly within and partly without, the year ending on the 31st day of March , 1949 , for the purpose of making any assess- ment under this Act, and as respects any period after the 31st day of March , 1949 , for any of the purposes of this Act , the merged States shall be deemed to be territories comprised in the Provinces of India . " ;

(b) in clause (5), after the figures " 1913 " the words " or a company formed and registered under a law in force in any of the merged States' shall be inserted ; and

(c) after clause ( 12 ) , the following clause shall be inserted , namely : ---

"(124) 'merged States' means all the States and parts of States which are administered by virtue of the States Merger ( Governors Provinces) Order, 1949 , as if they formed part of a Governor's Pro- wince, or administered by virtue of the States Merger ( Chief Com- missioners' Provinces) Order, 1949 , as if they were a Chief Com- missioner's Province . "

2. After section 23 , the following section shall be inserted , namely:-

23A. Power to make exemption , etc. , in relation to merged Stotes-If the Central Government considers it necessary or expedient so to do , for avoiding any hardship or anomaly, or removing any difficulty , that may arise as a result of the extension of this Act to the merged States, the Central Goverument may , by general or special order , make an exemption , reduction in rate or other modification in respect of business profits tax in favour of any class of profits , or in regard to the whole or any part of the profits of any person or class of persons ."

C. RAJAGOPALACHARI , Governor- General .

K. V. K. SUNDARAM , Secy. to theGovt . of India .

PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , INDIA PRINTED BY THE MANACER , GOVERNMENT OF INDIA PRESS . NEW DELHI . INDE

Cite this issue. Extraordinary Gazette of India, Government of India, 26 August 1949. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1949-08-26.E-2358-1949-0000-109661/. Archive identifier in.gazette.csl_extraordinary.1949-08-26.E-2358-1949-0000-109661.