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REGISTERED No. D.221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 89] NEW DELHI, WEDNESDAY, FEBRUARY 15,1967/MAGHA 26, 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 13th February 1967

S.O. 598.—In exercise of the powers conferred by section 295 of the Income- tax Act, l961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1, These rules may be called the Income-tax (Amendment) Rules, 1967. 2. In rules 10 and 11 of the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), the words "and super tax" shall be omitted-

In Part II of the principal rules, after rule 11, the following sub-heading and rule shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1965, namely:—

"E. DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME

11 A, Limits for life insurance premia in the case of authors etc..—In the case of an individual being an author, playwright, artist, musician or actor, the total amount which qualifies for the purposes of com- puting the deduction under sub-section (1) of section 80A shall not exceed-—

(i) an amount equal to the aggregate of 33½ per cent, of the income from such profession included in his total income and of twenty- five per rent, of the remaining part of the total income or

( 447)

(ii) in amount of Rs. 12,500 as increased by 8-1/3 per cent, of the income from such profession included in his total income, subject to a maximum of Rs. 15,000.

whichever is less.

Explanation.—In this rule, the expression "total income" means the total income as computed before making any deduction under Chapter VIA and before deduction of any amount of annuity deposit under section 280-C".

4- In rule 19 of the prlnclpa]/ rules, for sub-rule (3), the following sub-rule shall be substituted, namely:—

"(3) Any borrowed money and debt due by the person carrying on the business shall be deducted and In particular there shall be deducted any debts incurred in respect of the business for tax (including advance tax) due under any provision of the Act:

Provided that any such debt for tax (Including advance tax¹) shall, for the purpose of this sub-rule, be deemed to have become due—

(:il in the case of any advance tax due under any provision of the Art or of any tax payable under section 140A or under section 141, on the date on which, under the provisions of section 211 or sec- tion 212 or section 213 or section 140A or section 220, as the case may be. the payment first became due;

(h) In any other case, on the last day of the period of time within •which the tax is payable under section 220."

.1 In rule 20 of the principal rules, the words, brackets and figures "or sub- section (2) ol section 101", wherever they occur, and the words, brackets and figures "or sub-section (1) of section 101", shall be omitted.

C. Tn rule 2d of the principal rules, in .sub-rule (1), for the words "without deduction of super-tax or after deduction of super-tax", the words "after de- duction of tax'' shall be substituted.

7. In rule 30 of the principal rules, in the proviso to sub-rule (1), the words "and super-tax" shall be omitted.

8, The rule 48C of the principal rules, the following Explanation shall be added, namely:—

"Ex-plnnation. -The provisions of rule 48A. rule 48B and this rule shall not apply in respect of annuity deposit )n relation to the assessment year commencing on the 1st day of April, 1967 or any subsequent assessment year-"-

9 In rule 80 of the principal rules, for the words "income-tax and super tax",

(v) in Form No. 15,—

(a) the words "or super-tax" shall be omitted, and for the words and brackets "income-tax at the rates In force and super-tax at the rate of per cent, (with Union surcharge at per cent. and special surcharge at per cent, on income-tax and Muper- tax)", the words "income-tax at the rate, of per cent. and surcharee at the rate of per cent- of the amount of the divi- dend", shall be substituted;

(b) for the foot note to paragraph 2, the following foot note shall bo substituted, namely: —

"•Applicable only in respect of certificates issued under section 197(1) (b) in the case of a person not being a company and not being resident in India";

(vl) in Form No- 16, under the heading "Particulars of tax deducted', item (iii) and item (iv) shall be omitted, and item (v) shall he * re- numbered as item .(iii);

(vii) In Form No- 17, the word "Union" in item (11), and Items (ili), (iv), (v) and (vi), shall be omitted;

(viii) in Form No. 18, the word "Union" in item (ii), and items (ill), (Iv), (v) and (vl), shall be omitted;

(Ix) In Form No- 19,—•

(a) the words, brackets and figures "or sub-section (2) of section 101"

shall be omitted;

(b) in the tabular statement under the heading "Details of Tax Deduc- tion", for the items "Union surcharge", "Special surcharge"', and "Super-tax: Union surcharge and Special surcharge", the item "Surcharge" shall be substituted;

(c) in Note No. 3, for the word "super-tax'', the word "surcharge" shall

be substituted;,

(d) in Note No. 4, for the word "super-tax", the word "income-tax" shall

be substituted;

(x) in Form No- 20, under the heading "Details of tax deduction¹', the word "Union" in the second Item, and the third, fourth, fifth and sixth items, shall be omitted;

(xi) in Form No- 21,—

(a) columns 9 to 12 shall be omitted and columns 13, 14, is and I(> shall

be re-numbered as columns 9, 10, 1J. and 12 respectively;

(b) in Note No. 1, after the words "house rent allowance", the brackets, words, figures and letter "[exclusive of the amount exempt under section 10(13A)]" shall be inserted;

(xiit in Form No. 22, for the words "Income-tax and super-tax", wherever they occur, the word "tax" shall be substituted;

(xiu) in Form No. 24,-—

(a) in the heading of column No. 19, after the words figures and letters "deductible under"" section 16", the words, brackets, figures and letter "amount of house rent allowance (in col. 8) which Is exempt under section 10(13A)" shall bo inserted;

(b) for columns 21 to 33, the following columns shall be substituted,

namely:—

-

i

s i

s u

p

m

B O S

^ c -

i

Total amount of tax deducted during the year on the amount

S

p

n n a

r

in column 25

p u q

i

(

d

m

M

b z

j

( z e

w

A

i

n

q

<

Surcharge Total of

D O T P K

j s s p

x

1 0 3

'

i

w

>

q

Income- tax

A

—

n s

—

o

columns j 26 &27

j

£ z

m

o z

d

'

t

j s p o n

i s o d s p

j

a

o

o o

j i j

)

j t r

^ o ^ )

^ q

r

m

;

s i

r

n

i

p o e

v o d s

B

w

a n o n

j

p n p a p

o

r e

m

q p o n p s p

j

i

•a

a o m

i

I o n o

S T

t r e

i s a

s a o p n q u

j

j

o n

i

m

i

u g

v

y

X B

J

21 22 23 24 25 26 27 28 29

(xiv) in Form No. 25, for the existing headings in the tabular statement be-

low item 6, the following headings shall be substituted, namely:—

Tax deducted

Amount of interest

Income Surcharge Total

tax

(xv) In Form No. 26,—

(a) in item No. 5, for the words, figures and brackets "under sections

85 and 101(2)", the words and .figures "under section 85" shall be

substituted;

(b) in item No. 1, for the word "super-tax", the word "income-tax" shall

be substituted;

(c) for item No. 8, the following item shall be substituted, namely: "8, Amount of tax deducted:

Income-tax. Surcharge

S£c 3/u)i i l lL l.AZLUL oi INDJA iX I RAOklHMARY 4 5!

(xvi) in Form No- 27, for columns 6 to 17, the following columns shall be substituted, namely:—

Amount of tax deducted

Income-tax 1 Surcharge Total amount

Amount deducted deducted

Rate per cent

Amount deducted

Rate per cent.

(col. 7+9)

Rs.

Rs.

Rs.

10

8

9

6

7

(xvii) tor the Enclosure to Form No- 28, the following Enclosure shall be substituted, namely:—

"ENCLOSURE TO FORM[NO. 2S

ORDER UNDER SECTION 210 OF THE INCOME-TAX ACT, 1961

Name of assessee District or Area

Status , Number in General Index Register

Address

Rs.

Total income on the basis of which

tax under section 140A has been paid regular/provisional assessment has been made

being that for the year 1 9 . .. . 1 9 . . .. as reduced by the amount of capitkl gains included therein, if any.

Less share of income, if any, from a registered firm if the assessment of the firm has been completed for a year later than that referred to above.

Add share of income, if any, from such registered firm according to the latest completed assessment of the firm . . . ..

Income subject to advance tax . . ..

Income-tax Rs.

Gross income-tax chargeable on 'income subject to advance-tax'

Sums included in 'income subject to advance tax' in respect of which income- tax is not payable or on which a rebate of income-tax is admissible—

(i) Share of income from an association of persons or body of indi- viduals or an unregistered firm on the profits of which tan has already been paid . . . . . . ..

I (ft) Interest on income-tax free securities

(fit) Other items

Total amount on which tax is not payable and the proportionate

tax on such an amount

4 52

I "I⁷- C A / E T TK OF INDIA EXTRAORDINARY [FAUT TT-

Deduct tax which is deductible under sections 192 10 195 on any 'income included in the Income subject to advance tax' . . ..

Net amount of income-tax . . . . . . .. Less amount oil account of estimated double income-tax relief, if any

Balance payable . . . . . . . . .. Less tax already paid in the financial year under section 210 in compliance

with the previous notice of demand served on 19

Net amount of tax payable

T O T AL S UM PAYABLE ( IN F I G U R ES AS W E LL AS IN W O R D S^ (Rupees Rs

)

h nn c-u* Cfl 111- Datc

Address:

(xviii) for Form No. 29, the following Form shall be substituted, namely:—•

"FORM NO. 29

(See rule 39)

ESTIMATE OF THE ADVANCE TAX PAYABLE UNDER SECTION 212(1) OR (2) OR (3) OF THE INCOME-TAX ACT, 1061 FOR THE FINANCIAL YEAR ENDING ON THE 31ST MARCH, 1 9 . . ..

Name of the asscssee Status (Please state whether individual, Hindu undivided family, local au-

thority or an association of persons etc.) . . . .

Address :

resident

"" ^ ^ - _ _ _ _ ^ _ _ _ _ _ _ _ __

Whether resident but not ordinarily resident

non-resident

In the case of a firm, whether die firm has been registered in the last com-

pleted assessment/whether the firm has submitted an application or declaration for registration under section 184(1) or section 187(7), M the case may be. (Date of application or declaration should be given.)

The tax payable by the assessec named above for the "previous year" ending on relevant to the assessment year 19 1 9 . . .. is estimated as follows:

1. Estimated "income subject to advance tax":

(1) Income from "Salaries" . . . . . .. Rs

(2) Interest on securities

. Rs

(3) Income from house properly . . . . .. Rs

(4) Profits and gains of business or profession : (a) Proprietary business or profession :

Name Address

(0

Rs

(if)

Rs

(b) Share from firm (a):

Name of the firm Address Whether firm has been Share of income

registered in the last completed assessment

(c) Income from an association of persons or body of individuals Rs RE Total (a+b+c)

(5) Income from other sources:

(0 Dividends . . . . Rs (ii) Interest . . . . RE fiu) Other incomes . . . Rs

TOTAL . . . . RK

Income subject to advance-tax Rs

Income-tax

Rs.

2. Gross income-tax chargeable on income subject to advance-tax

3. Sums included in income subject to advance tax in respect of which no

tax is payable or on which a rebate of tax is admissible :

("') Share of income from an un-registered firm on which the tax will be paid by the firm . . . * . . .

(ii) Assessec's share in the amount of tax payable by a registered firm ("i) Share from an association of persons or body of individuals on which tax will be paid by the association or body . . . (id) Interest on income-tax Tree securities . . . . . (v) Any other items not being dividend referred to in section 85A .

Total amount on which tax is not payable and the proportionate tax on such

amount . . . . . . . . . . .

4. Excess of 2 over 3

5. Deduct

Amount of tax deductible under sections ig2Tto 195 on any J income

included in the income subject to advance tax . ' , . .

6. Net amount of income-tax . . . . . , . .

7. Less: Amount on account of estimated double income-tax relief, if any

8. Net amount payable . . . . . . . , .

9. Less:

(f) tax already paid in the financial year under section 212 . (ii) tax included in item 8 of which the payment is deferred under section 213 to 19 1 9 . . .. . . . ..

(T certify that the part of the income on which payment of tax is tlafcrred is receivable or adjustable normally on Tg,.)

10. Balance payable . . . , . . , . .

Signature of the person making Date

the estimate.

Place

Status

To

' The Income-tax Officer,

NOTES,— (i) The estimate of tax should be signed by a person who is authorised to sign a return of income as provided in section 140 of the Income-tax Act, 1961.

(2) In the case of a registered firm, the firm has to submit an estimate of the advance tax payable, if any, by it in accordance with Part I of the First Schedule to the annual Finance Act. The individual partners have also to submit an estimate of the advance tax payable by each including therein the share of income from the registered firm.";

Ul.v) in Form No. 30. the words, bracket and figure "and total world income (Sec note 2)", the words "and Rs respectively", the words "and super-tax", wherever they occur, and Note No- 2 shall be omitted and Notes No. 3 and 4 shall be re-numbered as 2 and 3 respectively.

[No. 10/F. No. 3(3)67-TPL.l

V, RAMASWAMI IYER, Secy. Central Board of Direct Taxes-

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