REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 46]

NEW DELHI, MONDAY, DECEMBER 6, 1965/AGRAHAYANA 15, 1887

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

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 6th December, 1965/Agrahayana 15, 1887 (Saka)

The following Act of Parliament received the assent of the Presi-

dent on the 14th December, 1905 and is hereby published for gene-

ral information: —

THE TAXATION LAWS (AMENDMENT AND MIS-

CELLANEOUS PROVISIONS) ACT, 1965

No. 41 or 1965

[4th December, 1965]

An Act further to amend the Income-tax Act, 1961, the Estate

Duty Act, 1953, the Wealth-tax Act, 1957, the Gift-tax Act

1958 and to provide for exemption from tax in certain cases

of undisclosed income invested in National Defence Gold

Bonds, 1980.

Be it enacted by Parliament in the Sixteenth Year of the Republic

of India as follows:—

1. This Act may be called the Taxation Laws (Amendment and

Miscellaneous Provisions) Act, 1 9 .

Short title.

(585)

586

THE GAZETTE OF INDIA EXTRAORDINARY

[PAUT II

Amendment

of »ection 2.

Amendment

of section io.

Amcndmeni

of lection

[93.

AiBCHttxnent

of Act 34 °f

193B.

Amendment

•f Act 27 of

i>57-

Amend-

m n t

of Act 18

of 1»58

2. In section 2 of the Income-tax Act, 1961 (hereinafter referred

t» as the Income-tax Act), in sub-clause (iv) of clause (14), after the

figures "1960", the following shall be inserted, namely: —

"or National Defence Gold Bonds, 1980".

3. In section 10 of the Income-tax Act,

after

sub-clause

(i)

of clause (15), the following sub-clause shall be inserted, namely —

" (ia) annual payment on National Defence Gold Bonds, 1980 ;".

4. In section 193 of the Income-tax Act, in the proviso, after clause

(i), the following clause shall be inserted, namely --

" (ia) any interest payable to an individual on 4i per cent

National Defence Loan, 1968, or 4^ per cent. National Defence

Loan, 1972 ; •r".

5 In the Estate Duty Act, 1953 —

(i) in sub-iection (i) of section 33, after clause (o), the

follow" "\g clause shall be in*erted, namely : —

•'(p) National Defence Gold Bonds, 1980, to the extent

of the principal value of such Bonds for an aggregate weight

of fifty kilogramme* of gold :

Provided that if such Bonds had passed on the death of

any person, the exemption conferred by this clause shall

not be available in respect of the same Bonds passing on

any subsequent death.";

(ii) in sub-section (1) of section 34, in clause (a), for th*

brackets, letters and word " (n) and (o)", the brackets, letters

and word "(n), (o) and (p)" shall be substituted,

6. In section 5 of the Wealth-tax Act, 1957, in sub-section (1), for

clause (xvia), the following clauise shall be substituted, namely : —

" (xvia) 6i per cent. Gold Bonds, 1977, 7 per cent Gold Bond*

1980 and National Defence Gold Bonds, 1980;".

7.-in section 5 of the Gift-tax Act, 1958, in bub-section (1), after

clause (Hi), the following clause shall be inserted, namely: —

" (iiia)

of property in the form of National Defence Gold

Bonds, 1980, not exceeding the value of such Bonds for

an

aggregate weight of five kilogrammes of gold In any previous

year:

Provided that th« exemption conferred by thjs. clause ahull

bo available only to a person who has initially subscribed to the

said Bonds;".

4} of 1961

SEC, 1]

THE GAZETTE OF INDIA EXTRAORDINARY

587

11 of 1923.

43 of 19*1.

15 of 1949.

21 «f i»47.

14 «f 1M3.

7 of 1964.

1 7

Of

I Q S 7

11 of 1957

14 of 1963

8. (1) Where a person who has acquired

any gold out of his

income which has not been disclosed by him for the purposes ot the

Indian Income-tax Act, 1922, or the Income-tax Act, 1961, or the

Excess Profits Tax Act, 1940, or the Business Profits Tax Act, 1947, or

the Sup«r Profits Tax Act, 1963, or the Companies

(Profits) Surtax

Act, 1964, tenders such gold as subscription for the National Defence

Gold Bonds, 1980, prior to the detection of such income by the Income-

tax Ofllcer or the seizure of such gold under any law for the time

being in force, such income shall, notwithstanding anything contained

in the said Acts, not be included in his income, profits

or gains

chargeable to tax under the said Acts in an assessment or re-assess-

ment for any assessment year made under the said Acts on or after

the 20th toy of October, 1985.

(2) In computing the net wealth of a person undei the Wealth-

tax Act, 1957, the value ot the assets represented by the income,

which under sub-section (1) is not includible in his income, profits

or gains, shall, notwithstanding anything contained in the said Act,

not be taken into account in an assessment or re-assessment for any

amassment year made under the ^aid Act on or after the 2<Jth day of

October, IOCS.

(3) (a) The name ef the person subscribing to the National

Defence Gold Bonds, 1980, and any particulars relating to the Bonds

subscribed to by him, shall be treated as confidential, and, notwith-

standing anything contained in any law for the time being in force,

no court shall be entitled to require any public servant to disclose the

name of such person or any such particulars or to give any evidence

m respect thereof.

(fa) No public servant shall disclose the name of the person subs-

cribinj to the National Defence Gold Bonds, 1980 or any particulars

relating to the Bonds subscribed to by him, except to an officer

employed in the execution of any of the Acts mentioned in sub-section

(1) or the Wealth-tax Act, 1957 or to any officer appointed by the

Comptroller and Auditor-General of India or the Central Board of

Direct Taxes (constituted under the Central Boards of Revenue Act,

1W3) to audit income-tax receipts or refunds.

(4) In thi» section,—

(a) "gold" means gold, including its alloy, whether virgin,

melted, re-melted, wrought or unwrought, in any shape or form,

and lBclud«siany gold-coin (whether legal tender or not)

any

ornament and any other article of igoM;

Exemption

from tax in

certtin case-

of undjaclos

td income

invoated in

NMIOMI Dc

fence

Gold

Bonds, 1980

588

THE GAZETTE OF INDIA EXTRAORDINARY

LPART II—SIC. 1]

Rapwluxi

StTtofl.

(b) "public servant" includes an officer or other employee

of the Reserve Bank of India, the State Bank of India or any

subsidiary bank of the State Bank of India.

9. (1) The Taxation Laws (Amendment and Miscellaneous Pro- 5 of

visions) Ordinance, 1965 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action

taken under the said Ordinance shall be deemed to have been done

or taken under this Act as If this Act had commenced on the l§th

day of October, 1WJ6.

R. C. S. SARKAJR,

Secy, to the Gout, of India.

fjkfNtxb IN naa* BY TAB onvokuk MAXAOP, aMlWntXNT at urtBA nom,

MINTO ROAD, WXW DKLB1 Am) Wt^WOD Wt t » MAWAa OV VOBUCATIOim,

D«UU. 1WI.