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Extraordinary Gazette of India · Government of India

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Published 11 July 1966

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E-1714-1966-0213-77865
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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Subsection (ii)

PUBLISHED BY AUTHORITY

No. 213] NEW DELHI, MONDAY, JULY 11,1966/ASADHA 20, 1888

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

as a separate compilation.

CENTRAL BOARD OF DIRECT TAXES

NOTIFICATION

INCOME-TAX

New Delhi, the 11th July 1966

S.O. 2080.—In exercise of the powers conferred by clause (d) of sub-section (5) of section 2 of the Finance Act, 1966 (13 of 1966), 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, 1966.

2. Computation of qualifying income.—(1) 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, 1966 (13 of l966) includes any profits and gains derived from the export of any goods or merchandise out of India, the amount of such profits and gains in respect of which deduction of income-tax is admissible under that sub-clause (he einafter referred to as the qualifying income) shall be computed in accordance with the provisions of sub-rule (2) or sub-rule (3) or sub-rule (4) of this rule, as the case may be.

(2) Where In the opinion of the Income-tax 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-Lax Act, 1961 (43 of 1961) (hereinafter referred to as the Act) and included in the total income exceed the aggregate of the amount of any portion thereof on which income-tax Is not payable and the amount in respect of which a deduction of income-tax has been granted under any of the provisions of the Act. ( 1111) I 1 I2 THE GAZETTE OF 1NDJA EXTRAORDINARY [PAIT U-Stc. 8(U)]

(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 taken to be the amount which bears 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 is not pay- able and the amount in respect oi which a deduction of income-tax has been granted under any of the provisions of the Act), the same proportion as the value oi the turnover in respect oi such exports bears to the turnover of tne 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 qualitying income shall be taken to be the amount by which such profits and gains as ascertained by the Income-tax Officer on any other reasonable basis on the djta available and Included in the total Income exceed the aggregate of the amount of any portion thereof on which income-tax is not payable and the amount in respect of which a deduction of income-tax has been granicd under any of the provisions of the A.ct.

[No. 85/F.No l(204)66TPL] HARIHAR LAI SecyPRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. NEW DELHI AND PUBLISHED HY THE MANAGFtt OF PUBLICATIONS, DELHI, lOfifi

Cite this issue. Extraordinary Gazette of India, Government of India, 11 July 1966. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1966-07-11.E-1714-1966-0213-77865/. Archive identifier in.gazette.csl_extraordinary.1966-07-11.E-1714-1966-0213-77865.