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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 195] NEW DELHI, SATURDAY, AUGUST 1, 1964/SRAVANA 10, 1886

Separate paging is given to this Part in order that it may be filed

as a separate compilation

CENTRAL BOARD OF DIRECT TAXES

NOTIFICATIONS

INCOME-TAX

New Delhi, the 29th July 1964

S.O. 2663.—In exercise of the powers conferred by clause (d) of sub-section (5) •of section 2 of the Finance Act, 1964 (5 of 1964), the Central Board of Direct Taxes hereby makes the following rules, namely:—

1. Short Title.—These rules may be called the Income-tax (Determination of Export Profits) Rules, 1964.

2, Computation of qualifying Income.—Cl) Where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the Finance Act, 1964 (5 of 1964) includes any profits and gains derived from the export of any goods or merchandise out of India, the amount of such profits and gams in respect of which deduction of income-tax and super-tax is admissible under that sub-clause (hereinafter referred to as the qualifying income) shall be computed in accordance •with the provisions of sub-rule (2) or sub-rule (8) or Sub-rule (4) of this rule, as the case may be.

(2) Where in the opinion of the Income-lax Officer it is possible to ascertain the profits and gains on such exports, the qualifying income shall be taken to "be the amount by which the profits and gains .so ascertained in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as 1hc Act) and included in the¹ total income exceed the aggregate of the amount of any portion thereof on which income-tax or super-tax is not payable and the amount in respect of which a deduction of income-tax or super-tax has been .granted under any of the provisions of the Act

(3) Where in the opinion of the Income-tax Officer the profits and gains on such exports cannot be ascertained, the qualifying income shall be take* to be the amount which hears to the profits and gains of! the whole business of which such exports form a part and included in the total income (as reduced by the aggregate of the amount of any portion thereof on which income-tax and super-tax "in not payable and the amount in respect of which a deduction of •Income-tax or super-tax has been granted under any of the provisions of the Act), the same proportion as 1hc value of the turn-over in respect of such exports bears to the turn-over of the business of which such exports form a part.

(4) Where in the opinion of the Income-tax Officer a computation of such Profits and gains in the manner specified in sub-rule (3) presents exceptional difficulties, the qualifying income sha1l be- taken to be the amount by which such

(645)

Erefits and gains as ascertained by the Income-tax Officer on any other reasonable aais on the data available and included in the total income exceed the aggregate of the amount of any portion thereof on which income-tax or super-tax is not payable and the amount in respect of which a deduction of income-tax and super- tax has been granted under any of the provisions of the Act.

[No. 55/F. No. l(278)-64/TPL.].

SURTAX

New Delhi, the 31st July 1964

S.O. 2664.—In exercise of the powers conferred by section 25 of the Companies- (Profits) Surtax Act, 1964 (7 of 1964), and all other powers enabling it in this behalf, the Central Board of Direct Taxes hereby makes the following rules, namely: —

1 Short title.—These rules may be called the Companies (Profits) Surtax Rules, 19B4.

2. Definitions.—< /) In these rules, unless the context otherwise r e- quires,—

(i) "the Act" means the Companies (Profits) Surtax Act, 1904 (7 of 1964); (il) "applied section" means a section of the Income-tax Act, 1961 ("43 of 1961). as applied by section 18 of the Act and rule 3;

(iii) "the applied Second Schedule" means the Second Schedule of the In- come-tax Act, 19H1 as applied by section 18 of the Act and rule 3;

(iv) "the applied Third .Schedule" means the Third Schedule of the Income- tax Act, 1961 as applied by section 18 of the Act and rule 3;

(u) in the applied sections and in the applied Second Schedule, "the Act" means the Companies (Profits) Surtax Act, 1964.

(2) All references to "Forms" in these rules shall be construed as referencus.

to the forms set out in the Appendix hereto.

3 Adaptations of Income-tax Act, 1961.—The provisions of clause 2144), 131: to 139 (both inclusive), 138, 140, 156, 160, 161, 162, 163 166, 167, 170, 173, 175, 176, 178, 179, 220, to 229 (both inclusive), 231, 232, 233, 237 to 242 (both indvsive), 244, 245, 254 to 262 (both inclusive), 2(15, 266, 268, 269, 281, 282, 284, 2ti4, 287 to 293 (both inclusive), the Seeond Schedule and the Third Schedule of the Income- tax Act, 1961 (43 of 1961), shall apply with the following modifications, namely.—

General modiyicotiorw.— (i) All references to "this Act" except those in clause (vii) at sub-section (2). sub-section (J) and clause (b) of sub-section (/) of section 283, shall be construed as references to "the Act".

i") in the expressions "Income-tax Officer" and "Income-tax Act", wher- ever they occur;

(b) in the expression "Income-tax practitioner" occurring in clause (?)ii) of sub-section (2) of section 288;

U') in the expression "Income-tax authority" occurring in sub-section (J?) of section 2B8; and

(d) in the expressions "Income-tax proceeding" and ''Income-tax proceed- ings" occurring respectively in clause (b) of sub-section (i> and clause (h) of sub-section (5) of section 288;

shall be construed as references to "surtax".

(iii) All references to "tax" shall be construed as references to '"surtax".

Mnd.lflcd.iion of section 131.— (w) In section 131, in sub-section (M. for t he words figures and letter "Chapter XVII-D", the words figures and brackets 'the applied sections 22(1 to 229 (both inclusive), 231 and 232 and tlie applied Second Schedule and the applied Third Schedule" shall be substituted.

Modification of section 132.— (10 In section 132.—

(a) in sub-section (/) — (i) in clause (a) —

(1) for the words, brackets and figures "summons under sub- section (/) of section 37 of the Indian Income-tax Act, 1922, or

under sub-section ( I) of section 131 of this Act", the words, brackets and figures "summons under sub-section (/) of The applied section 131" shall be substituted;

(2) for the words, brackets and figures '"notice under sub-secHon U) of section 22 of the Indian Income-tax Act, 1922 or under sub- section (1) of section 142 of this Act", the words, brackets and figures "notice under sub-section (I) of section 6 of the Act" shall be substituted;

(ii) in clause (b), for the words and figures "the Indian Income-tax Act 1922 nr under this Act", the words "the Act" shall be substituted;

(b) for t he words und figures "the Indian Income-tax Acl, 1922 or this Act", wherever they occur, the words "the Act" shall be substituted.

Modification of section 133.— ii'i) In section 133, clauses (1), <2) and (J) shall be omitted.

Modification of section L'i3A.-—(rii) In s e c t i on 1 3 3 A—

(

(b) jn sub-section ( - ), for the word and figures "section 131", the words and figures "the applied section 131" shall be substituted.

Modification of secthm 13S,— (viii) In section 138, in snb-scctii)." (/•, for the words "either under this Act or the Indian Income-tux: Act, 19"2, on or ,'ii.Vr the 1st day of April, 1900". the words "under t he Act" shall be substituted

Modification of section 140.—-(ix) For section 140, the following section shall be substituted, namely: —

"140. Ft'ttiTTi by whom to be signed.—The return undyr ••"ctitin 5 of Inc Act shall be signed and verified by the principal oftiLer 01' ihe company, or where in the case of a non-resident company cinv persou has been treated a=i its agent under section 103 of the Ineomr-Inx Art, by such person."

Modification of section 15(i.— ( T) In section 156. the bracks!s, words, figure; and letter "(including anuuitv deposit re ('erred to in Chapter X X I I A )" f-h.'ill be omitted.

Modification <">/ wet inn 7f>0.--(.rh In ..action ISO, in sub-section (/),—•

(a) in clause (t),—

(i) for the words, brackets and figures "in respect, of The incinin of a non-resident specified in clause (i) of sub-section (!) of secUon 9'', the words, brackets and figures "in respect of tht¹ chargeable profits relating to the income of a non-resident specified in clause

(n) for the word and figures "section 163", the words and figures "section 103 of the Income-tax Act" shall be substituted;

(b) clauses (ii) and (iv) shall be omitted;

(cl In clause (Hi),—

(i) irir tbf wot'd "income", the words "chargeable profits" sh'dll be substituted;

(ii) the words "the Court of Wards, the Administrator-General, the Official Trustee or" and the words "Court of Wards, Administrator- General, Official Trustee", shall be omitted.

Modiflcatia-n 0] secLiun Kit. --i.rii) In section 161.—

(a) for the word "income", wherever It occurs, the words "chargeable pro- fits" shall be substituted;

(b) for the words "in respect of that", wherever they occur, the words "in respect of such" shall be substituted;

(r) in sub-section (J), for the words "this Chapter", the words, brackets nnd rJgures "sub-section (?) of this section and the- applied sections 160. 162, 1G3, 166, 167, 170, 173, 175, 176, 178 and 179" shall be substituted;

(d) in sub-section (2), for the words "this Chapter", the words, brackets and figures "the applied sections lfiO to 163 (both inclusive), lfifi, 167, 170, 173, 175, 176, 178 and 179" shall be ,;ubsti1 uteri.

Modification of section 162.— (.mi) In section 102, in sub-section (2), for the words "this Chapter", the words, brackets and figures "the applied sections 160 to 163 fbuth inclusive), 166, 1B7, 170, 173, 175, J7fi, 170 and 179" shall be substi- tuted.

Modification of section 1H6.— (xir) For section JGG, the following section shaH be substituted, namely :—

"itSG. Direct ansessruent or recovery -not barred.—-Nothing in the applied sections 1 BO to 1H3 (both inclusive) shall prevent either the direct assessment of the company on behalf of which or for the benefit of which chargeable profits therein referred to are receivable, or the recovery from such company of the tax payable in respect of such chargeable profits".

Modijication of section 170.—(xv) In section 170,—

(a) the words ''or profession", wherever they occur, shall be omitted: (b) lor the word "income", wherever it occurs. the words "chargeable

profits" shall be substituted;

(c) sub-section (4) and the Explanation shall be omitted.

Modification of section 173.—(xvi) For section 173, the following section shall be substituted, namely :—

"173. Recovery of tax in respect of non-resident from his assets.—Without prejudice to the provisions of sub-section (1) of the applied section 161 or of the applied section 167, where the person entitled to the chargeable profits relating to the income referred to in clause (i) of sub-section (/) of section ft of the Income-tax Act is a non-resident, the tax chargeable thereon, whether in his name or in the name of his agent who is liable as a representative assessee, may be recovered in accordance with the provisions of the applied sections 220 to 229 (both inclusive). 231 and 232 and the applied Second Schedule, and the applied Third Schedule from any assets of the non-resident which are, or, may at any time come, within India."

Mudi/icatioji of section 275—(xvii) For section 175, the following section shall be substituted, namely :—

"17f>. Assessment of persona likely to transfer property to avoid tax.— (2<) Notwithstanding anything contained in section 4 of ih? Act, if it appears to the Income-tax Officer during any current assessment year that any person is likely to charge, sell, transfer, dispose of or other- wise part with any of his assets with a view to avoiding payment of any liability under the provisions of the Act, the chargeable profits of such person for the period from thf expiry of the previous year for that assessment year to the date when the Income-tax Officer com- mences proceedings under this section shall be chargeable to tax In that assessment year.

(2) The chargeable profits of each completed previous year or part of any previous your included jn such period shnll be chargeable to tax at the rate or rates in force in that assessment year, and separate assess- ments shall be made in respect of each such completed previous year or part of any previous year.

(.•?) The Income-tax Officer may estimate the chargeable profits ot such person for such period nr any part thereof, where such profits cannot be readily determined in the manner provided in the Act.

(V) For the purposes of making an assessment under sub-section (/), the Income-tax Officer may serve a notice upon such person requiring him to furnish, within such timo, not being less than seven days, as may be specified in the notice, a return in the i-ime dorm and verified in the same manner as a return under sub-section (2) of section 5 of the Act, setting forth the chargeable profit,.; for each completed previous year comprised in the period reit'iicd to in sub-section (7) and his estimated chargeable profits for anir pnrt of the previous year comprised in that period; and the provisions of the Act shall, so far as may be, and subject to the provisions nf this section, apply as if the notice were issued under sub-section (2) of section 5 of the Act.

15) The tax chargeable under this section shall be in addition to the tax, if any, chargeable under any other provision of the Act.

(6) Where the provisions ol sub-section (1) are applicable, any notice issued by the Income-tax Officer under sub-section ill) of section 5 or section a oi the Act in respect of any tax chargeable under nny other provision of the Act may, notwithstanding anything contained in sub-sculion (2) of section 5 or section 3 ol the Act, as Lhe case may be, require the turnishing of the return by such person within such period, not being less than seven days, as the Income-Uix OUir jr may think proper."

Modification of section 176.—(ajinii) In section I7fi,-—

(a) In sub-section (1),—

(i.) for the word and figure "ejection 4", the words and figure "section 4 of the Act" shall be substituted;

(ii) the words "or profession" shall be omitted; (ni) for the word "income", the words "chargeable profits" shall he subs- tituted;

(b) in sub-section (2), for the words "total income", the words "chargeable

prollts" shall be substituted;

(c) in sub-section (3), the words "Or profession" shall be omitted; (d) sub-section (4) shall be omitted; (e) for sub-section (5), the following sub-section shall be substituted,

namely :—

"(5) Where an assessment is to be made under the provisions of this section, the Income-tax Officer may serve on the principal officer of the company, or where in the case of a non-resident company any person has been treated as its agent under section 103 of the Income- tax Act, on such "person, a notice containing all or tiny of the require- ments which may be included in a notice under sub-section (2) of section G of the Act and the provisions of the Act shall, so far as may be, apply accordingly as if the notice were a notice issued under sub-section (2) of section 5 of ttw Act.";

(f) in sub-secti'in (7), for the words, brackets and figures "sub-section (2) of section 13F) or sub-section (.1) of section 148", wherever they occur, the words, brackets and figures "sub-section (2) of section 5 or section 8 of the Act" shall be substituted.

Modification of section I7R.—(xir) In section 178, in sub-section (1), for the word "income", the words "chargeable profits" shall be substituted.

Modification, of section 179.—(xx) In section 179, for the word "income", the words "chargeable profits" shall be substituted.

Modification of section 220.—(xxi) In section 22fl.—

(a) in sub-section (1), for the words and figures ''Any amount, otherwise than by way of advance tax, specified as payable in a notice of demand under section 156", the words and figures "Any amount specified as payable in a notice of demand under the appl¹ ; -.ection 156" shall be substituted;

(b) in sub-section (2),—

(i) for the word and figures "section 156", the words and figures "the applied section 150" shall be substituted;

(ii) in the proviso, for the words and figures ''section 154, or section 155, or section 250 or section 254, or section 260, or section 262, or section 264", the words and figures "section 11 or section 13 or section 14 or section 17 of the Act, or the applied section 254, or the applied section 26U or the applied section 262" shall be substituted;

(c) in sub-section (6), for the word and figures "section 246", the words and

figures "section 11 of the Act" shall be substituted;

(d) in sub-section (7),—

(i) for the words "in respect ol income", the words "in respect of charge- able profits relating to income" shall be substituted;

(ii) for the words "which is due in respect of that amount of his income", the words "which is due in respect of that amount of his chargeable profits that relate to income" shall be substituted.

Modification of section 221,~(xxil> In section 221, In sub-section (1), for the word and figures "section 220", the words and figures "the applied section 220' shall be substituted.

Modification of section 222.—• (xjciii) In section 222, in sub-section (1), for the word's "the Second Schedule", the words "the applied Second Schedule shall be substituted.

Modification n} section 223.—(xxiv) In section 22:j,~

(a) in sub-section (I),—

(i) for thy word and figures "section 222" the words anrl figures "the applied section 222'' shall be substituted;

(n) in clause (a), the words "or profession", wherever thyy OCCLI:\ shall be omitted;

<6) in sub-section (2). for the words "this Chapter'' the words and figures "the applied sections 222, 224 and 225 and the applied Second Schedule" shall be substituted.

Modification of section 224.—(xvrr) In section 224/—

(a) in sub-section (1), for the word and figures "section 222", the words and figures "the applied section 222" shall be substituted;

(b) in sub-section (3), for the word and figures "section 225", the word* and figures "the applied section 225" shall be substituted.

Modification of section 22G.—(xxvi) In section 226,—•

(a) in sub-section U), for the word and figures "section 222", the words

and figures "the applied section 222" shall be substituted;

(b) sub-section (2), shall be omitted;

(c) in sub-section (,?), in clause (x),

(i) for the words and figures "sections 222 to 225'', the words and figures "the applied sections 222 to 225 and the applied Second Schedule" shall be substituted;

{ii) for the word and figures "section 222", the words and figures "the applied section 222" shall be substituted.

(.d) in sub-section (5) for the words "the Third Schedule" the words "the applied Third Schedule" shall be substituted.

Modification of section 228.— (xxvii) In s e c t i on 2 2 0, in s u b - s e c t i on (1), l or t he word and figures "section 222", the words and flguves "the applied section 222" shall be substituted.

Modification of section 22

Modification of section 231.—(xxix) In section 231,—

(a) for the word and figures "section 173", the words and figures "the applied section 173" shall be substituted;

(b) for the word and figures "section 220", wherever they occur, the words and figures "the applied section 220" shall be substituted,

Modification of section 232.—(xxx) In section 232, for the words "this Chap- ter", wherever they occur, the words, brackets and figures "the applied sections 220 to 220 (both Inclusive), 231 and 233 and the applied Second Schedule and the applied Third Schedule" shall be substituted.

Modification of section 233.—(xxxi.)

In section 203,—

(a) for the word and figures ''section 220", the words and figures "the applied section 220" shall be substituted;

(o) for the words and figures "sections 221 to 229", the words and figures "the applied sections 221 to 229 and the applied Second Schedule and the applied Third Schedule" shall be substituted;

(d) for the words and figures "section 14:4 or section 144", the words and figure "section (i of the Act" shall be substituted.

SEC, 3(H)j 'l'HK G A Z l / l TE OF I N D lA E X T R A O R D I N A RY 6 51

Modification of section 238-—Cr.r.rii) In s e c t i on 2 3 8, s u b - s e c t i on ( /) s h e ll t>e o m i t t e d.

Modification of section 23!).— {xxxui) In section 230,—

(a) in sub-section (1), for the words "this Chapter", the words and iguren "the applied section 1237" shalJ be substituted;

(b) in sub-section (2), for the words "Income in respect of which the claim is made was assessable", the words "chargeable profits in refflwrt ol which the claim is made were assessable" shall be substituted.

Modification 0/ section 2.42.—U'.r.rir) In section 242, for the words "this Chap- ter", the words and figures '"the applied section 237" shall be substituted.

Modification, of section H14.— (xxxv) In section 244,'—-

(a) in sub-section (1). for the word and figures "section 240", the words and figures ''the applied section 240" shall be substituted;

(h) m sub-section (2), for the word and figures "section 241", wherever they occur the words and figures "the applied section 241" shall be subs- tituted.

.Modification of section 254,—(xxxvi) In section 254,—

(a) in sub-section (1A), in clause la), for the word and figures "section 52", the words and figures "section 52 of the Income-tax Act" shall be substituted;

(b) sub-section (2) shall be omitted; (c) in sub-section (4), for the word and figures "section 256", the worde and figures "the applied section 256" shall be substituted,

Llodifieanon 0/ suction 255.— (.rxxvh) In section 295,—

(a) in sub-section (3), for the words "whose total income as computed by the Jncome-tax Officer in the case does not exceed twenty^ve thousand rupees", the words "whose chargeable profits as comput- ed by the Income-tax Officer in the case do not exceed two lakh and twenty-five thousand rupees" shall be substituted.

(b) In sub-section (6), for the word and figures "section 131", the words and figures "the applied section 131" shall be substituted,

Modification of section 256.—(xxxviii) In section 256, in sub-section (J), for •Ihe word and figures "section 254", the words and figures "the applied section 254" shall be substituted.

Modification of section 257.— (xxxlx) In section 257, for the word and figures "section 256", the words and figures ''the applied section 256" shall be substituted.

Modification of section 259.—(.rl) In section 259, in sub-section (I), for the word and figures "section 25fi". the words and figures "the applied section 256" shall be substituted.

Modification of section 261.—(xli) In section 2G1, for the word and figures "section 256", the words and figures "the applied section 256" shall be substituted.

Modification of section 262.—(xlii) In section 262,—

(a) in sub-section (1),—

(i) for the word and figures "section 261", the words and figures "the applied section 261" shall be substituted;

(ii) in the proviso, for the words and figures "section 260 or section 2G5", the words and figures "the applied section 260 or the applied section 265" shall be substituted;

(b) in sub-section (,•?). for the word and figures "section 260", the words and figures "the applied section 260" shall be substituted. Modification of (section 2fifl.—(.r-'ili) In section 269, for the words "this Chap- ter" the words "figures and brackets "the applied sections 256 to 262 (both in- clusive) and the applied sections 205. 266 and 268" shall be substituted.

Modification of wt ion 2R4.—(x7ir) For section 284, the following section shall he substituted, namely;—

"2(H. Service of notice, in the case of discontinued business.—Where an assessment Js to be made under the applied section 17G, the In- come-tax Officer may serve on the principal officer of the company

or where in the case of a non-resident company any person has been treated as its agent under section 1P3 oi the Income-tax Act, on such person, a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 5 of the Act, and the provisions of the Act shall, so far as may be, apply accordingly as if the notice were a notice issued undet that section."

Modification of section 287.—(xlv) In section 287, for the Explanation, the following Explanation shall be substituted, namely: —

"Explanation.—The names of the directors, managing agents, secretaries and treasurers, or managers of the company may also be published if, in the opinion of the Central Government, the circumstances of the case justify it."

Modification of section 288.~(xlvi) In section 288,—

(a; in sub-section (1), for the word and figures "section 131" the words- and figures "the applied section 131" shall be substituted;

(b) in sub-section (J), in clause (fj)_, after the word "income-tax", the

words "or surtax" shall be inserted;

(c) in sub-section (5), in clause (b), after the word "income-tax", the words-

"or surtax" shall be inserted.

Modification of section 290.—(xhrii) In section 290,—

(a) the words "deducting" and "deduction" shall be omitted; (b) for the word "income", the words "chargeable profits" shall be subs-

tituted.

Modification of section 2'J1.—(xlviii) In section 291, for the word "income", wherever It occurs, the words "chargeable profits" shall be substituted.

Modification of the Second Schedule.—(xlix) In the Second Schedule,—

(a) below the title, for the brackets, words and figures "[Sec section 222J", the brackets, words and figures "[See the applied section 222J", shall be substituted;

(b) in rule 5, in clause (

Modification, of the Third Schedule.—(I) In t he T h i rd S c h e d u l e ,—

(a) below the title, for the brackets, words and figures "[See section 22(5(5)]", the brackets, words and figures "[See sub-section (5; of the applied section 2261" shall be substituted;

(5) for the words "the Second Schedule", the words "the applied Second Schedule" shall be substituted.

4, Application of the Income-tax (Certificate Proceedings) Rules, 1962.—The Income-tax (Certificate Proceedings) Rules, 1C62, as amended from time to time, shall, so far as may be, apply with the following modifications, namely :—

(i) All references to the provisions of the Income-tax Act, shall be cons- trued as references to the corresponding provisions of that Act as applied to surtax by section IS of the Companies (Profits) Surtax Act, 1964 and rule 3.

(ii) All references to "income-tax", except those in the short title and in the expression "Income-tax Officer" and ''Income-tax Act", shall be cons- trued aa references to "surtax".

(iii) All references to "tax" shall be construed as references to "surtax", (iv) In rule 1, sub-rule (2) shall be omitted,

(v) In rule 2,—

(a) clause (1) shall be omitted; (b) in clauses (3) and (4), for the words "the Act", wherever they occur,

the words ''Income-tax Act" shall be substituted.

Cvi) In rule 37, in sub-rule (2) for the words and figures "the Income-tax Act, 1961", the words, brackets and figures "the Companies (Profits) Surtax Act, 1&64" shall be substituted.

SEC. 3(li)] T i ll OUJ.ITli Of INDIA 1X1 RAOR1MNARY 653

5. Form of return of chargeable profits undev section a,—The return of charge- able profits required to be furnished under sub-section (/) or sub-section (2) ol jsection 0 oi¹ the Act shall bo in Form No. 1 and shall bo verified in the manner indicated therein.

(/("0 in sub-rule (10), for the words "the Act", the words, figures and brackets "the Income-tax Act, 1961 (43 o{ 19G1)" shall be substituted;

(;i'i in sub-rule (111 for the words and figures ''Form No. 45", the wordy and figures ''Form No. G" shall be substituted.

12. Disclosure of Information respecting assessees.—(/) The application tu the Commissioner under sub-section (/) of the applied section 138 lor iruurmation relating to an assissec in respect of any assessment made under tJic Ad shall be made in Form No. 7.

(2) The information under sub-section (/) ol¹ the applied section 13a shall be furnished by the Commissioner in Form No. H.

(3) Where it is not possible lor the Commissioner to furnish the information asked for by the applicant under sub-section (I) of the applied section 138 owing to the- fact that the relevant assessment has not been completed, he shall inform the applicant in Form No. 9.

(1) Where the Commissioner is satisfied that it is not in the public interest to iurnish or cause to be furnished the information asked Xor, he shall intimate the fact to the applicant in Form No. 10.

13. Notice of demand.—(1) Subject to the provisions of sub-rule (2), the notice of demand under the applied section 156 shall be in Form No. 11 and shall be -accompanied by the assessment form in Form No. 12.

(2) The notice of demand relating to any surtax due in consequence of a pro- visional assessment made under section 7 of the Act shall be in Form No. 13.

14. Levy of Interest under sub-section (2) of the applied section 220.—The

interest chargeable under sub-section (2) of the applied section 220 snail be levied in accordance with the provisions of rules 118 and 119 of the Income-tax Rules, 1962, as if they were part of these rules, subject to the following modifications, namely :—

(i) A1J references to "tax" In the aforesaid rules shall be construed as references to "surtax".

(in All references to sections 156. 221) and 222 In the aforesaid rules shall respectively be construed as references to the appli'M section* 1.%', 220 and 222.

15. "IteTund claim.—(7) A claim for refund under the applied section ^3'J shall 'be made in Form No. 14.

(2) The cluim under sub-rule (1) may be presented by the claimant in person •or through a duly authorised ngent or may be sent by post.

16. Form of application for reference to Hi^h Court.—An application under pub-section (1) of the applied section 256 requiring the Appellate Tribunal to refer to the Hlfih Court any question of law shall be made In Form No. 15.

17 Prescribed arrangements for declaration and payment of dividends lvHMn India.—The arrangements referred to in clauses (viiU and (,rl of rule I of the First Schedule and the first proviso to paragraph 1 of the Third Schedule to the vAct, to bf made by a company for the declaration and payment of dividends (ineludiirj dividends on preference shares) within India shall be the same as speciilfd In clauses CO, (2) and (3) of rule 27 of the Income-tax Rules, 1962.

AlTKNUTX

FORM No. 1

SURTAX

(See Rule !>)

.RETURN OF CHARGEABLE PKOFITS UNDER SUB-SECTION (DOB. S U B- .SECTION U'j OF SECTION 5 OF. T HE COMPANIES ( P R O F I T S; SURTAX ACT, lyG4.

Assessment year I D . . . . . . . . .. . .. 19

.Name of t he Company ___

. , • • .. • •

.Address

PART I

,Stuicmt:nl of rhurguablc profits uf tlic •previous ytuirix) ended and (Alter

relevant particulars

(If there are different previous years for different sources of income, the source or sources should bo indicated aRainst each previous year).

Rs.

1. Amount of the chargeable profits o± the previous

year(s) as computed in Part LI of the Return. fWhere the amount computed is a positive flfiure, it

.should be prefixed by the symbol ( + ) and . where it is a negative fljjure, it should be pre- fixed fry the symbol ( —).]

2. Amount of the statutory deduction as computed in

Part III of the Return.

3. Amount of net chargeable profits (i.e., the amount by which the changeable profits shown against item 1 exceed the statutory deduction shown against Item 2).

4. The amount oJ¹ income, profits and #ains attribut- able to the business oC generation of distribu- tion of electricity or of manufacture Qr production of any one or more of the articles specified in the list in paragraph 2 of the Third Schedule to the Companies (Profits )l Surtax Act, 1964. (Give details).

(Please see Note 1)

MOTE 1. -(Seu item 4 of Part Ii

Under the first proviso to paragraph 1 of the Third Schedule to the Companies (Profits) Suitax Act, 1064, an Indian company or any other company which has made the prescribed arrangements for the declaration and payment of dividends within India is entitled to a rebate in respect of any income, profits and gains attributable to th^ business of generation or distribution of electricity or of "manufacture or production of any one or more o£ the arliclrs KDeciiiHt] in the lis! In paraRruph 2 of the said Schedule. The rebate admissible under the afore- said proviso is equal to a sum of one-fifth of the amount which bears to tht" amount of the surtax payable, the same proportion as the amount of the alore- snirt inclusion bears to the amount of total income.

T HE O A / F . T TE ( ) !• I N D lA E X T R A O R D I N A RY

[ 1 ' A RI II

PART II

Computation vj Chnrueabh* Profits

(Copies of the audited profit and loss account and balance sheet must be attached to this return.j

Rs. K-,.

i. Total income computed in accordance with the piYivision¹* Frolit 1- nf the Incuuie-1'ax ACLS 19(11. Loss—

(i) Inttre.l on securities +

(JI) Income irom house prupeity I-

(i'") Prulil:; and gains ut bu^inL-.^ +

(vi) Capital gains -t-

(v) Incniiic Iruin oihcr bouicc. ,

TOTAL— Inome —— •—

( P l e a \e i-ee N . i ie 2)

2. ADD (Deduct, if the figures in item 1 is a loss)

Amount of interest payable in respect of debentures and moneys borrowed from Government or the Industrial Finance Corporation of India or the Industrial Credit and Investment Corporation of India or any other financial institution approved by the Central Government or any banking institution or any person outside India for creation of capital assets in India where in each case such moneys are repayable during a period of not less than seven years. LPlease sea rule 3(j) of the First Schedule to the Companies (Profits) Surtax Act, 19fi4].

(Please give details)

3. DEDUCT (Add, if the total income as adjusted in accordance with item 2 is a loss):

Rs.

(1) Income chargeable under the Income-tax Act,

1961 under the head "Capital gains".

(LJ) Any compensation or other payment referred to in clause (ii) of section 2S oi the Income-tax Act, 1961.

(3) Profits of any business of life Insurance.

(4) Income chargeable to income-tax under sub- section {2) oi section 41 of the Income-tax Act, 1961.

(5) Profits derived from an industrial undertaking or hotel, on which under section 84 of the Income-tax Act, 1961 income-tax is not payable.

(6) Interest on securities of the Central Government issued or declared to be income-tax free or of a State Government issued income-tax free, the Income-tax whereon is payable by the State Government.

(7) Donations to the National Defence Fund or charita- ble institutions and funds or to Government or a local authority in respect of which a deduc- tion of income-tax is allowable under section 88 of the Income-tax Act. 1961.

(Please eivo details).

(8) Dividends from Indian companies or companies Rs.

which have made the prescribed arrangements for the declaration and payment of dividends within India.

(9) Royalties received from Government or a local

authority^ or any Indian concern.

(10) Income by way of any interest or fees for render- ing technical services received from Government or a local authority or any Indian concern. [Applicable only to a non-resident company which has not made the prescribed arrange- ments for the declaration and payment of dividends within India, vide clause (r) of rule 1 (if the First Schedule to the Companies (Profits) Surtax Act, 1964,]

{11) Amount of reserve(s) or deposits to be excluded

under clause (xi) of rule 1 of the First Schedule to the Companies (Profits) Surtax Act. 1964, (Applicable to banking Companies only).

(Please see Note 3—give details).

(12) The amount of deduction from income-tax and super-tax chargeable on the total income allow- able under the annual Finance Act in connection with export of any aoods or merchandise out of India or the snle by a manufacturer of articles to any person who exports them out of India.

(13) Amount of income-tax and super-tax payable by the company in respect of its to.tal income under the provisions of the Incojne-tax Act, 1901 as reduced by the aggregate of—

(i) the amount of income-t-ix and super-tax, if any, payable In respect of the income referred to in clauses (r), (ii), (Hi) and (viii) of rule 1 of the First Schedule to the Companies (Profits) Surtax Act, 1964, and

(ii) the amount, if any, bv which the amount of rebate of super-tax admissible to the company under the annual Finance Act is reduced on account of distribution of dividends during the previous year.

(Please see Note 4).

(14) Amount of tax actually paid In a country outside Tndia in respect of any portion of income includ- ed in the total income. (Please give details).

(15) Total of entries (1) to (14) of item 3.

4. Amount of chargeable profits carried to Part I of the Return.

(Item 1 plua item 2 mifms entry (15) of item H.)

Noir: 2-- (Sec item 1 of Part II).

Against each of the entries (i) to (?'), there should be shown ihc income as computed under the respective heads of income under the Income-tax Act, 1961, after taking Into account all deductions permissible under that Act,

Total income is to be computed unaer the Income-tax Art, 1961, by making the following adjustments wherever applicable and to the extent permissible under the provisions of the said Act:--

(a) adjustment lor the amount of the development rebate carried forward;

from earlier assessment years;

i,b) set-oft of loss from one head against income from another head;

(c) sK~uff of losses carried forward from earlier assessment yeais;

(d) adjustments tor unabsorbed allowances on account of depreciation or-

capitaJ expenditure on scientific research, carried forward from earlier assessment years.

Nem- :i ]Ser entry

In the case of a hanking company, clause (xi) of rule 1 of ihe First Schedule to the Companies (Profits) Surtax Act, 1964 provides for the exclusion from Its total income (as computed under the Income-tax Act, 1961) of the amount of certain deposits made or reserves created by it during the previous year, for the purpose of the computation of its chargeable profits. The amount to be excluded under that provision is equivalent to, either—

(in the amount transferred during the previous year to a reserve fund under section 17(1) of the Banking Companies Act, 1940 or the amount deposited with the "Reserve Bank of India under section I1\,2)(b)(.ii) of that Act, not exceeding the amount required under the aforesaid provisions to be so transferred or deposited, as the rase may be, or

(b) any sum transferred duiine the previous yeai to unv reserves in India (including reserves not shown as such In the published balance sheet) In so far as the sums transferred to such reserves are attributable to income chargeable to tax under the Income-tax Act, 1961 and have not been allowed as a deduction in computing the total income, under that Act and in so far as the aggregate of such sums trans- ferred to the reserves does not exceed the highest of the agftrcfiate of such sums, if any. so transferred to reserves during any one of the three years prior to the previous year,

whichever is higher.

NOTE 4--\See entry ( IJ) of item of Port III

The amount of income-tax and super-tax to be shown against this item will be the amount calculated after making allowance for any relief, rebate 01 deduction in respect of Income-tax and super-tax to which the assessee may be entitled under the provisions of the Income-tax Act, 1961 or the annual Finance Act. The amount of tax so arrived at should be further reduced by the aggregate of the following amounts, namely:—

(I) the amount of income-tax :-md super-tax, if any. pavable in respect of (a) any profits of any business of life insurance, (b) any income by way of compensation or other naymeni refrn'ed to in spcticn 28 (?i) of the Income-tax Act, 1901, (c) anv Income chargeable under the' head "Capital gains" under the Income-Inx Act, 1961. and (d) dividends from an Indian coirmany or a company which has made¹ the prescribed arrangements for the declaration and payment oi dividends within India, where any such income, profits and gains are included in the total income; and

(it) the amount if anv, bv which ' the amount of rebate of super-tax admissible to the company under the annual Finance Aot is reduced' on account of distribution' of dividends during the previous year.

PART III

Computation of Statutory Deduction

Rs.

1. Paid-up share capital as on the first day of the previous year.

(Please see Note 5)

2. Credit balance in the share premium account (as on the first day of the previous year), to the extent it represents premia leceivod in'cash on the issue of shores.

3. Amount (as on the first day of the previous l⁷ear) of the development rebate reserve, if any, created under the proviso (b) to section 10(2) (t>i!)) of the Indian Income-tax Act, 1922 or under sub-section (J) of section 34 of the Income-tax Act, 1961.

4 Amount (as on the first day of. the previous year) of other reserves, if any, in so far as the amounts credited to the said leserves have noi been allowed in computing the profits of th^ company for the purpose of the Indian Income-tax Act, 1922 or the Income-tax Act, 1961. (Please give details).

5. Amount of debentures as on the first day of the previous year.

6. Amount of moneys borrowed (as on the first day of the

previous year) from Government, the Industrial Finnnre Corporation of India, the Industrial Credit and Investment Corporation of India, any financial institution approved by 1he Central Government, em- banking institution or ;i person in a country outsid? India for the creation of capital assets in India where in each case such moneys are repayable during a period of not less than seven years .

LPlease see rule l(u) of the First Schedule to the Comimnirs

(Profita) Sur-tax Act, 19H4"], (Please give details).

7. Total of items 1 to fi above.

!, DEDUCT:

(/) Amount las on the first day of the previous year) ol' any paid-up share capital brought into existence by creating or by increasing (by re-valuation or otherwise) uny book asset.

u?i i a) Amount (as on the first day of the previous year)

of the cost of assets, if any, the income from which is not included in the chargeable profits in accordance with clause (Hi) or clause (in) or clause (viii) of rule 1 of the First Schedule to the Companies (Profits) Surtax Act. 1M4,

Rs

(Please see Note 6) (b) Ansresate of the amounts (as on the first day of the

previous year) of—

u) any moneys borrowed (other than debentures or moneys referred to in item 6 of this Part) which remain out- standing; and

(11) the amount of any fund, any surplus or any such reserves as ia not to be taken into account in compuTinji! the capital under the Second Schedule to the Combuni^s (Profits) Surtax Act, 1F64.

Rs

u ) Amount by which the coit of the asseis shown against entry

(a) exceeds the amount shown against entry (b) above. [Please see rule 2 of the Second Schedule to the Companies

(Profits) Surtax Act, 1904],

Rs.

Q. [set amount of capital arrived at by deducting from the amount shown against item 7, the total of amounts shown against ' atries (/) and (2) (c) of item 8.

10. If the capital of the company was increased ?fter the first day of the previous ycai, on account of increase of paid-up share capital or issue of debentures or borrowing of moneys referred to in item 0 of this Fart, the amount bv which the capital compuic-d in accordance with rules 1 and 2 of the Second Schedule to the Companies (Profits) Surtax Act, KTS4, is to be increased under rule 3 of that Schedule.

(Please see Note 7).

11. If the capital of the company was reduced after the first day of the previous yenr on account of reduction of paid-up share capital or redemption of debentures or repayment of moneys .:eferred to in item 6 of this Part, the amount by which the capital computed in accordance with rules 1 and 2 of the Second Schedule to ¹he Com- panies (Profits) Surtax Act, 13fi4, is to be decreased under rule 3 of thbt Schedule.

(Please see Note 7).

12. Amount arrived at by adding to/deducting from the net amount 'Of the capital shown against item 9, the amount shown against items 10 and ] 1 respectively.

13. (a) Amount of income, profits and Rains, if any, not includible in the total income as computed under the Income-tax Act, 1961.

Es

(Please see Note 8).

(b) Total amount of income, profits and gains in respect of the previous year(s) [i.e., the aggregate of the amount shown in '.jntry (a) above, and the amount of the total income in respect of the previous: year(s) as shown in item 1 of Part II of this Return].

Rs

(C) Amount by which the capital as shown in item 12 is required to be diminished in accordance with rule 4 of the Second Schedule to the Companies (Profits) Surtax Act, 1964, i.e., the amount shown

Amount shown in entry (a) of item 13.

in item 12 • — •—~—-—~..——. •

Amount shown in entry fb) of item 13.

(Please see Note 9).

14. Capital of the company as computed in accordance with the provisions of the Second Schedule to the Companies (Profits) Surtax Act, 19G4 [Amount shown in item 12 minus the amount shown in entry (<•> of item !3J.

]S. Amount of the standard deduction at 10 per qent of the capital (as shown in item 14) o? Rs. 2,00,000, whichever is greater,

(If the previous year is longer or shorter th.n a period uf 12 months, the aforesaid amount of 10 per cent or, as i.he case may be, of R.s 2,00,000 should be increased oi decreased proportionately).

(Please see Note 10).

N"TE 5- {Sec item 1 of Part III).

If there are different previous years for different sources of income, the computation of capital under rules 1, 2 and 3 uf the Second Schedule to the Companies (Profits) Surtax Act, 1064 is to be made with reference to the previous year which commenced first, vide E.rplfLnaiion 3 to rule 2 of the Second Schedule to the Companies (FiofiU) Surtax Act, 1964.

NOTE 6,—[See entry (2) (a) of item 8 of Part III].

The Income which is not includible in the chargeable profits of a company under clauses (ill) (ui) and (viii) of rule 1 of the First Schedule to the Companies (Profits) Surtax Act, 1964, respectively, is the profits of anv business of life- insurance, interest on securities of the Central Government ur of a State Govern- ment issued or declared to be income-tax free and dividends from an Indian company or a company which has made the prescribed arrangements for the declaration and payment of dividends within India.

NOTR 7.—(See items 10 and II oC Part III), Rule 3 of the Second Schedule to the Companies (Profits Surtax Act, 1M4 provides that where, after Ihe first dny of the previous year relevant to the assess- ment year, ttie capital of a company (as computed under ruin 1 ;.nd rule 2 ot that Schedule) is increased by any amount on account of increase of mjld-up share capital or issue of debentures or borrowing of anv moneys referred to in clause (v) of rule 1 of that Schedule or is reduced by any amount on account of reduction of paid-up share capiLal or redemption of debentures or remyment of such monevs during the previous year, the eapiial computed in accordance with rules J and 2 shall be increased or reduced, as the case may be, by a sum which bear:; to that amount the same proportion as the number of days of the previous year during which the increase or the i-eduction of the capital remained effective bears to the total number of days in thut previous year

NOTE 3.— [See. entry (a) of item 13 o£ Part HI]. Instances of income, profits rmd pains not includibk- in the uital income as computed under the Tncome-tax Act, 1961 are agricultural Income in India, and in the case of a non-resident company, its income accruing or arising ouiflidc- Indin.

N O TE 9 . —\ S vr e n t ry " •) ot i t em 13 of P a rt I I I ].

Item 13 is to be filled in onlv in the ense, of a company, a part of the income, profits and gains of which is not inclndible in its total income as computed unuer the Income-tax Actv 1961.

Rule 4 of the Second Schedule to the Comoanles (Profits) Surtax Act, 1064 provides that where a part oF the income, profits and Rains of a company is not includible in the total income- as computed under the Income-tax Act. 1961, its capital shall be the sum ascertained in accordance with ruies 1, 2 and 3 diminished by an amount which bears to that sum the same proportion HS the amount of the aforesaid income, profits and Rains bear=; to the total amount of its income, profits and gains

NOTE 10.—(Sue item 15 of Part IIIi.

Where a company has different previous years in respect of Ho infnmo, prufits and gains, the increase or decrease referred to in item 15 sruuld be calculated with reference to the length of the previous year of the longest cUr.al.ion Inc!.' the second proviso to clause (S) of section 2 of the Companies (Profits') Suitax Act. 1964].

PART IV

Other particulars required under sub-sfctiun (fj/t-ub-.siiction (2) of section 5 of the Companies (Profits) Surtax Act, 1904.

A. Place where the Registered Office of the company is bltuatif.i,

B. Place where the Henri Office of the Company is situated.

C. Location of each branch.

I solemnly declare that to the beat of mv knowledge and belief, the information given in the above statements in Parts I, II, III and IV of this Return is enrvfet and complete, that the amount of the chargeable profits and other pavtioulni-s shown are truly stated and relate to the previous year/all the prcvinus years relevant to the assessment year commencing on the 1st. day of April, 19.,. and that tho company hnd during the said previous yuar(s) no other chargeable profile.

T further declare that the company was resident in Inclia during the previous

"non-resident

Signature

year(s) for which the return is made Date Address. . . . . . Status'' ..

"The declaration should be signed by the Principal Officer of the Company or where in the case of a non-resident company any person has been treated as its agent under section 163 of the Income-tax Act, lilfil. by such person.

THE SIGNATORY SHOULD SAT'SFY HIMSELF THAT THE RETURN IS CORRECT AND COMPLETE IN EVERY RESPECT BEFORE SIGNING THE VERIFICATION. ANY PERSON MAKING A FALSE STATEMENT IN THE RETURN SHALL BE LIABLE TO PROSECUTION UNDER SECTION 21 OF THE COMPANIES (PROFTTS1 SURTAX ACT. 1964 AND ON CONVICTION SHALL BE PUNISHABLE WITH SIMPLE IMPRISONMENT WHICH MAY EX- TEND TO SIX MONTHS OR WITH FINE WHICH MAY EXTEND TO RS. 1,000/- OR WITH BOTH.

FORM NO. 2

SURTAX

(See rule 7)

NOTICE UNDER SUB-SECTION (2) OF SECTTON 7 OF THE COMPANIES (PROFITS) ACT, 1964.

Income-tax Office

Dated, the 19.

Tr,

Whereas the time allowed under sub-section U) or sub-section 12) of section 5 of the Companies (Profits) Surtax Act, 1064 for furnishing of the return of chargeable profits for the assessment year 19 19 has expired, and whereas I propose to make a provisional assessment for that assessment year in accordance with the provisions of section 7 of the said Act, I hereby give you notice under sub-section (2) of that section, of my intention to make a provisional assessment for the said assessment year as indicated in the statement of ihe amount of the proposed assessment attached

2. If you have anv objection to the amount of the proposed provisional assess- ment you may, within fourteen days of receipt of this notice, deliver to me a statement of your objections thereto,

3. Your return for The year IP , . 19. . . hasVhan not be™ received in this office,

(SEAL)

Income-tax Officei.

"Delete whichever is inappropriate,

FORM NO. 3

SURTAX

(See Rule 8) APPEAL TO THE APPELLATE ASSISTANT COMMISSIONER OF INCOME- TAX UNDER SECTION ]) OF THE COMPANIES f PROFITS) SUJITAX ACT. 1964.

Designation of the Appellate Assistant Commissioner

"No.

.. . . of

..10 ..10

Name and Address of the Appellant.

1.

No.

S.T. G.I.R.

2.

3. Assessment year in connection with which the appeal is preferred.

1. Income-tax Officer passing the order appealed against.

5. Section and sub-section of the Companies (Profits) Surtax Act, 1964, undi which the Income-tax Officer passed the order appealed against and the date ' such order.

6. Where the appeal relates to any assessment or penalty or fine, the date service of the relevant notice of demand.

7. In any other case, the date of service of the intimation of the order appeal* against.

" 8. Relief claimed in appeal,

9 Address to which notices may be sent to the appellant.

,blftlH:u

^Appellant 1

'"•Statement of Facts.

""Grounds of Appeal.

1. •>

3

4.

etc.

Signed (Appellant)

FORM OF VERIFICATION.

j^

the appellant, do hereby declare that whai .s state-rl is tim to the best oi my information and belief

Place. , .

Signature

E)ate , , Status of appellant

NOTFS (1) The form oi appeal, grounds ot appeal and the form of verification appended thereto shall be signed by a person in accordance with the provision of rule 7(2).

(2) The memorandum of appeal, statement of facts and the grounds of appeal must be in duplicate and should be accompanied by a copy ot {he order appealed against and the notice of demand ;n original. It any.

(3) Delete the inappropriate words.

(4) These particulars will be filled in in the office of the Appellate Assis- tant Commissioner.

(5) **ll the space provided heroin U insufficient, separate onrlOMiroN may be\ lined for tno purpose.

FORM No. 4

SURTAX

[See rule 10(11]

FORM OF APPEAL TO THE APPELLATE TRIBUNAL In the Income-tax Appellate Tribunal. "•Appeal No of

.19 19 ,

Appellant Versus Respondent

1. The State in which the assessment was made.

2. Section under uhich the order appealed against was passed.

3- Assessment year >n connection with which the appeal is preferred.

4. **The Income-tax Officer passing the original order.

5. ""'Section of the Companies (Profits) Surtax Act, 1964 under which the Income-tax Officer passed the order,

tj '"*Thv Appellate Assistant Commissioner passing the order under section 11/ applied section 131 (2J.

7. **The Commissioner passing the order under section 16.

fi. Date of communication of the order appealed against.

9. Address to which notices may be sent to the appellant.

10. Address to which notices may be sent to the respondent. •

11. fRclief claimed in appeal.

+Grounds of Appeal.

J. 2. 3. 4,

etc.

Signed

(Appellant)

Signed

(Authorised representative, if any).

VERIFICATION

j

the appellant do hereby declare thrit what is stated above is true tn the best o£ mv information and belief.

Verified today the day of 19

Signed.

NOTES—(!) The memorandum of appeal must be in triplicate and should be accompanied by two copies, (at lenst one of which should be a certified copy) of the order appealed against and two copies of the relevant order of the Income-tax Officer

(2) The memorandum of appeal in the case of an appeal by an assessee under stctlon 12(1) of the Act must be accompanied by a fee of one hundred rupees. It is suggested that the fee should be credited In the Treasury or a Branch of the State Bank of India or a Branch of the Reserve Bank of India after obtaining a chalan from the Income-tax Officer and the triplicate chalan sent to the Appellate Tribunal with the memorandum of appeal. The Appellate Tribunal will not accept cheques, drafts, bundles or other negotiable instruments,

(3) The memorandum of appeal should be written in English and should set forth, concisely and under distinct heads, the grounds of uppeal without any r.rgumont or narrative and such grounds should bo numbered consecudvely.

(4) +The number and year of appeal will be filled In in the office of the Appellate Tribunal.

(5) '^"Delete the inapplicable items.

(6) flf the space provided is found insufficient, separate enclosures may be used for the purpose.

FORM No. S

SURTAX

[See rule 10(2)1 FORM OF MEMORANDUM OF CROSS OBJECTIONS TO THE APPELLATE TRIBUNAL

In the Income-tax Appellate Tribunal

. . ..

"Crow Objection No of 19 ... ,19...

" In Appeal No,. .. . . of 19 . . 1U.. .,

Appellant Versus Respondent

1. **Appeal No. allotted by the Tribunal to which memorandum of erosM ob- jections relates.

2. The State in which the assessment was made.

3. Section under which the order appealed against, was passed.

4. Assessment year in connection with which the memorandum of cross objec- tions is preferred.

9. Date of receipt of notice of appeal filed by the appellant to the Tribunal.

6. Address to which notices may be sent to the respondent (cross-objector).

7, Address to which notices may be sent to the appellant.

8. tRolief claimed in the memorandum of cross objections.

tGrounds of Cross Objections. 1, 2. 3. 4

etc,

Signed.

(Respondent)

Signed,

(Authorised representative, it any)

VERIFICATION

. } '\ •; , :,'••;• '^l⁰ resP°ndent do hereby declare- thm what is

stated above is true to the beat of my information and belief.

Verified today the day of . .. 19..

Signed.

NOTES.—(I) The memorandum of cross objections must be in triplicate. (2) The memorandum of cross objections should bo written in English and should set forth, concisely and under distinct heads, the cross objections without any argument or narrative and such objections should be numbered consecutively,

(3) "The number and year of memorandum of cross objection!) will be filled In in the office of the Appellate Tribunal.

(4) **The number and year ot appeal as allotted by the office oi the Tribunal and appearing In the notice of appeal received by the respondent is to be filled in here by the respondent.

(5) tlf the space provided !.•> found insufficient, separate enclosures mnv be used for the purpose.

FORM No.

SURTAX

(See rule 11) WARRANT OF AUTHORISATION UNDER SECTION 132 OF THE INCOME-TAJ ACT, 1961, AS APPLIED TO SURTAX BY SECTION 18 OF THE COM PANIES (PROFITS) SURTAX ACT. 1964,

The Inspecting Assistant Commissioner of Income-tax.

The Income-tax Officer,

Whereas information has been laid before me and on the consideration thereof 1 have reason to believe that^-

a summons under sub-section (J) of section 131 of the Income-tax Act, 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964, or a notice under sub-section (1) of section 6 of the Com- panies (Profits) Surtax Act, 1964 was issued by the Inspecting Assis- tant Commissioner of Income-tax/the Income-tax Officer,

to

(name of the person) on (date) to produce, or cause to be produced, books of account or other documents specified in the relevant sum- mons or notice and he has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such summons or notice;

a summons under sub-section (1) of section 131 of the Income-tax Act, 1961 as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964, or a notice under sub-section (I) of section 6 of the Com- panies (Profits) Surtax Act, 1964 has been issued by the Inspecting Assistant Commissioner/the Income-tax Officer (name of the person) on (date) to produce, or cause to be produced, books of account or other documents specified in the relevant summons or notice and that he will not produce, or cause to be produced, such books of account or other documents ap required by such summons or notice;

If a summons under sub-section (1) of section 131 of the Income-tax Act. 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964, or a notice under sub-section (1) of section 6 Of the Companies (Profits) Surtax Act. 1964 is issued to (name of the person) to produce, or cause to be produced, books of •ccount or othw documents whloh will be useful for, or relevant to.

proceedings under the Companies (Profits) Surtax Act, 1964 for the assessment year/years commencing on he would not produce, or cause to be produced, such books ot account or other documents as required by such summons or notice;

(name of the company) is in possession of articles or things (including money) wholly disproportionate to its known sources of Income, particulars of which will be useful for, or relevant to, proceedings under the Companies (Profits) Surtax Act, 1964;

(specify particulars of the building or place) (name of And whereas I have reason to suspect that such books of account, other docu- ments, articles or things (including money} have been kept and are to be found at This is to authorise and require you the Inspecting Assistant Commissioner or the Income-tax Officer)

(a) to enter and search with such assistance of police officers as may be required, the said premises;

(f>) to place Identification marks on such books and documents as may be found in the course oE the search and as you may consider relevant to or useful for the proceedings aforesaid and to make a list thereof to- gether with particulars of the identification marks;

(c) to examine such books and/or documents and make, or cause to b" made, copies or extracts from such books or documents;

(d) to seize such books and/or documents, and take possession thereof; (e) to convey such books or documents to the office of the Inspecting Assis- tant Commissioner or any other authority not below the rank of the Income-tax Officer employed In the execution of the Income-tax Act, 1961;

(fi to exercise all the powers and duties under section 132 of the Income-tax Act, 1061, as applied to surtax by section 18 of the Companies (Pro- fits) Surtux Act and thn rules relating thereto.

(SEAL)

Commissioner of Income-tax.

NOTE.—Delete inappropriate words

FORM No. 7

SURTAX

[See rule 12(1)]

APPLICATION FOR INFORMATION UNDER SUB-SECTION (1) OF SECTION- 138 OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SURTAX BY SEC- TION 18 OF THE COMPANIES (PROFITS) SURTAX ACT, 1964.

To

The Commissioner of Income-tax

Sir,

I request you to furnish information relating to

(here filve name and complete address of the company) in respect of the assessment year commencing on the 1st rtny of A^ril. I P .. on the following points:

I

n

3

4

etc.

','. The above information IF required ny me for the following reasons: —

1

ptc,

Signature of applicant Name of the applicant .

(in capital letters) Father's/husband's name Full address

Date 1".

NOTE: A separate application haw to he made in respect of each assessee and lor each assessment year.

FORM NO. 8

SURTAX

[See rule 12(2)]

FORM FOR FURNISHING INFORMATION UNDER SUB-SECTION (I) OF SECTION 138 OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SURTAX BY SECTION 18 OF THE COMPANIES (PROFITS) SURTAX ACT. 1964.

Office of t h e . .. . ..

No. . . Date !() , . To

in respect of the assessment year With reference to your application dated , . . . . . . .. under sub-section (I) of section 138 of the Income-tax Act, 1961, ar. applied to surtax by section IB of the Companies (Profits) Surtax Aot, 19fl4, requestlnR for information relating to . . .. commencing on the 1st dav of April, 19 , the said information/Informa- tion respecting items No. .' - of the said application Js given below: —

. .

Name and address of the company Assessment year 1 2. . .. . . . .. 3. 4 0

. .

etc.

2. I/Commissioner of Income-tax,

am/in satisfied that it is not in the public interest to furnish information of your application and the respecting items No information relating thereto is according'y refused.

Signature ol the authority furnishing information ... . . . • (SEAL)

NOTE: Delete inappropriate words.

FORM NO. 0

SURTAX

[See rule 32(3)]

FORM FOR INTIMATING NON-AVAILABILITY OF INFORMATION UNDER SUBJECTION (1) OF SECTION 138 OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SURTAX BY SECTION 18 OF THE COMPANIES (PROFITS) SURTAX ACT. 1964.

Office of the

No

Date . . 19

To

Vvith rtfeience lu your application dated untJer sub-bection U) oi section l':,B of the Income-tax Act, 19G1, as applied tn surtax by section lfi ot the Coiiiijuriies iProfus) Surtax Ac., IHU4 requesting i'or information relating lo

in lespect of the assessment year i-o'ijoieuclui! on the 1st day of April, 19 , 1 am to inform you that 'the sai"; information is nol yet available/no as.w.^srae.jl lor tne aioiouid usFCFsrrient year ha.? been made in the ruse of the aforesaid company.

(SEAL;

S i g n a t u r e . . . . . ,,

''Delete inappropriate words.

FORM NO, 10

SURTAX

[See IUIC 12(4)]

REIUSAL TO SUPPLY INFORMATION UNDER SUB-SECTION (1) OF SECTION i;iG OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SURTAX BY SECTION 18 OF THE COMPANIES 'PROFITS'. &UKTAX ACT. ¹.pr,4.

Office of the

,.

No

Date 19 To

With reference to your application dated under sub-

3. If you do not pay the amount on or before the period specified above, you shall be liable to pay simple interest at four per cent, per annum from the date commencing after the end of the period aforesaid in accordance with section 220(2) of the Incame-tax Act, 1961, as applied to surlax by section 18 of the Companies (Profits) Surtax Act, 1904,

4. II you do not pay tho amount of tax within the period specified above, penalty (which may be as great as the amount of tax in arrear) may be imposed upon you after giving you a reasonable opportunity of being heard in accordance with section 221 of the Income-tax Act, 1901, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

5. If you do not pay the amount within the period specified above, proceedings for the recovery thereof will be taken in accordance with sections 222 to 229, 231 and 232 and the Second Schedule and the Third Schedule of the Income-tax Act, 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

6. If you intend to appeal against the assessment/flne/penalty you may present an appeal under section 11 of the Companies (Profits) Surtax Act, 1964 to the Appellate Assistant Commissioner of Income-tax within thirty days of the receipt of this notice in the form prescribed under section 11(2) of the said Act duly stamped and verified as laid down in that form,

Income-tax Officer

Dated Place Address

NOTES.—(1) If you wish to pay the amount by cheque, the cheque should be drawn in favour of the Treasury Officer/Sub-Treasury Officer/Agent, State Bank of India/Reserve Bank of India.

<*\ Delete inappropriate paragraphs and words.

FORM No. 12

: • S U R T AX

[See rule 13(1)]

ASSESSMENT FORM

Serial No Assessment year

, S.T. G-I.R. No Section under which

State

assessment or refund is made. Name District of Circle Address Resident/Non-resident Public Limited/Private Limited Company.

Rs.

A. (1) Amount of chargeable profits.

(2) Amount of statutory deduction.

(3) Net chargeable profits [i.e., the arnount by which the chargeable profits in entry (1) exceed the statutory deduction in entry (2)J.

B. (1) Cross surtax chargeable.

(2) Amount of rebate admissible under the first proviso to parasrtaph 1 of tKe Third Schedule to the Companies (Profits) Surtax Act, 1964.

(3) Surtax chargeable f(!) — (?.)]

Adjustments to arrive at tax payable by the asuessee: C. Surtax paid on provisional assessment.

D. Surtax payable/refundable,

E. Surtax payable/refundable as per item D of assessment form of original assess- ment made on

(date) •

(This is to be filled in in the case of re-assessment, revision, rectification, appeal etc.)

F. (1) Additional amount of surtax payable/amount of reduction in surtax on re-assessment/revision/rectiflcation/appeal etc.

(2) Penalty under section

(3) Composition under section 23,

(4) Interest payable by assesaee under section 220 of the Iiuome-lax Act, 1961 as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

(5) Interest payable to assessee under section 244 of the Income-tax Act, 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

Payable

Total sum-—•—— (in figures) refundable

In words—Rupees and paise.

Dote

Income-tax- Officer.

FORM No. 13

SURTAX

[See rule 13(2)]

NOTICE OF DEMAND UNDER SECTION 156 OF THE INCOME-TAX ACT, 1961 AS APPLIED TO SURTAX BY SECTION 18 OF THE COMPANIES (PROFITS) SURTAX ACT, 1964 FOR PAYMENT OF SURTAX PROVISIONALLY ASSESSED UNDER SECTION 7 OF THE LATTER ACT.

To

S.T. G.I.R No

Please take notice that for the assessment year.

the sum of Rs has been determined to be payable by you under section 7 of the Companies (Profits) Surtax Act, 1964.

Treasury Officer

2. The amount should be paid to the Sub-Treasury Officer

Apent, State Bank of I • lii Reserve Bank of India

at within 35 days of the service of this notice.

days The orcvious approval of the Inspecting Assistant Commissioner of Income-tax has been obtained for allowing a period of less than 35 days for the payment of the above sum. A chalan is enclosed for the purpose of payment.

.3. If you do not pay the amount on or before the period specified above, you shall be liable to pay simple interest at four per cent, per annum from the date commencing after the end of the period aforesaid in accordance \vith section 220(2) of the Income-tax Act, 1961. as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

4. Further, if you do not pay the amount within the period specified above, penalty (which may be as great as the amount of tax in arrear) may be imposed upon you after giving you a reasonable opportunity of being heard in accordance with cection 221 of the Income-tax Act. 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

5. If you do not pay the amount within, the period specified above, proceedings for the recovery thereof will be taken in accordance with sections 222 to 229 and 231 to 233 and the Second Schedule and the Third Schedule of the ncome-tax Act, 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964.

Dated 19

Place

InOome-tax Officer

(Address)

NOTES.— (1) If you wish to pay the amount by cheque, the cheque should I-j drawn in favour of the Treasury Officer/Sub-Treasury Officer/Agent, State Bank of India/Reserve Bank of India.

(2) Delete the inappropriate words.

FORM No. 14

SURTAX [See rule 15] CLAIM FOR REFUND OR SURTAX

I Principal Officer/Agent* of

(name of the company) do hereby state that the chargeable profits of and the statutory deduction admissible to (name of the company) computed in accordance with the provisions of tire Com- panies (Profits) Surtax Act, 1984 duriag the year etidhv; on being the previous year for the assessment year commencing on ihei 1st April, 19 amounted to Rs and Rs respectively; that the surtax chargeable in respect of such chargeable profits is Rs...". ' . . . .. and that the total amount of surtax paid is Rs '

'.[..'.'.

I, therefore, request for a refund of Rs

Dated

Signature

......'..".'.

resident

I hereby declare that the abovenamed company v.as rluring the

non-resident

previous year(s) relevant to the assessment year to which this claim relates and that what is stated in this application is correct. Dated

Signature

*(1) Delete the inappropriate word(s).

(2) The term "agent" means a person who has been treated as an agent of a non-resident company under section 163 of the Income-tax Act, 1961.

FORM No. 15

SURTAX

[See rule 16] REFERENCE APPLICATION UNDER SECTION 256(1) OF THE INCOME-TAX ACT, 1961, AS APPLIED TO SURTAX BY SECTION 18 OF THE COMPANIES (PROFITS) SURTAX ACT, 1964.

In the Income-tax Appellate Tribunal In the matter of the assessment of

(name of the assessee).

R.A. No of 19 (to be filled in by the Office)

• • tTTt-m-Vttt

Applicant Versus Respondent

State from which the application la filed Name and number of the appeal which gives rise to the reference

The applicant states as follows: —

(1) that the appeal noted above was decided by the Bench of the Tribunal on

(2) that notice of the order under sub-section (I) of section 254 of the Tncome-tax Act, 1961, as applied to surtax by section 18 of the Com- panies (Profits) Surtax Act, 1964, was served on the applicant on

(3) that the facts which are admitted and/or found by the Appellate Tribunal and which are necessary for drawing up a statement of the case, are stated in the enclosure for ready reference.

(4) that the following questions of law arise out of the order of the Appellate Tribunal:

( D . .. •

(2)

(3)

etc.

(B) that the applicant, therefore, requires under sub-section (1) of section 256 of the Income-tax Act, 1961, as applied to surtax by section 18 of the Companies (Profits) Surtax Act, 1964, that a statement of the case be drawn up and the questions of law numbered out of the questions of law referred to in paragraph 4 above be referred to the High Court.

(6) that the documents, or copies thereof, as specified below (the trans- lation In English of the documents, where necessary. Is annexed) be forwarded to the High Court with the statement of the case.

Signed.

(Applicant)

Signed.

(Authorised representative, if any)

NOTE.—This application when made by an assesses must be accompanied by a fee of one hundred rupees. It is suggested that the fee should be credited in the Treasury or a branch of the State Bank of India or a branch of the Reserve Bank of India, after obtaining a chalan from the Income-tax Officer and the triplicate chalan sent to the Appellate Tribunal with the application. The Appel- late Tribunal will not accept cheques, drafts, hundies, or other negotiable instru- ments .

fNo 37/F No 12(1VB4/TPL1

CORRlGENhA

SUPER PROFITS TAX

New Delhi, the 30th July 1964

S.O. 2665.—In the notification of the late Central Boaid ol Revenue No. SO, 2440, dated the 22nd August, 1963, published at pages 467 to 496 in Part II—

Section 3—Sub-section (ii) of the Gazette of India Extraordinary, dated the 23rd August, 1963,—

(1) at page 468, in the seventh line, for "Income-tax proceeding" and "Income-tax proceedings" read "income-tax proceeding" and "income- tax proceedings" respectively;

(2) at page 471, in the forty-eighth line, for "section 222 to 255" read "sections 222 to 225";

(3) at page 472 in the twenty-fourth line, for "section 221 to 229" read "sections 221 to 229";

(4) at page 473,—

(i) in the twenty-first line, for "for the words and figures" read "for the word and figures";

(ii) in the thirty-ninth line, for "or sub-section" read "or section";

(5) at page 474,—

(i) in the thirty-ninth line, for "snail" read "shall";

(Ii) in the forty-fourth line, for 'and figures "the applied section 131" shall be substituted' read 'and treasurers, or managers of the com- pany may also be published';

(6) at page 475,—

(1) in the twenty-third line, for "1963" read "1962"; (ii) in the thirty-sixth line, for "sub-rule 2" read "sub-rule (2)"; (iiij in the thirty-ninth line, for "w erever" read wherever"

(7) at page 480, in the ninth line, for "of merchandise" read "or merchandise"; (8) at page 481, In the sixth line, for "purpose" read "purposes"; (9) at page 494, in the eleventh line, for "revision/rectification appeal etc." read "revision/rectification/appeal etc."

(No. 56/F. No. '(6)-63/TPL.) HARIHAB LAL, Secy ,

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