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Published 23 February 1976

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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-ection (ii)

PUBLISHED BY AUTHORITY

No. 88] NEW DELHI 1, MONDAY, FEBRUARY 23, 1976/PHALGUNA 4, 1897

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 23rd February 1976

S.O. 134 ( E ) . - In exercise of the powers conferred by section 295 of the Income-tex Act 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1. (1) These rules may be called the Income-tax (Amendment) Rules, 1976.

(2) They shall come into force on the 1st day of April, 1976.

2. In sub-rule (1) of rule 12 of the Income-tax Rules, 1962 (herein after referred to as the principal rules), in clause (b), for sub-clause (ii), the following sub-clauses shall be substituted, namely:—

"(if) where the total Income includes any income chargeable to Income-tax under the head "Salaries" received from Government, but does not include any income charge- able to income-tax under the heads "Income from house preperty" or "Profits and gains of business or profession" or "Capital gains" and the person does not derive any agricultural income, be in Form No. 2A and be verified in the manner indicated therein;

(iii) where the total income does not include any income chargeable to income-tex under the head "Profits and gains of business or profession", and the case does not fall under clause (ii), be in Form No. 3 and be verified in the manner indicated therein;"

(397)

398 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

3. In Appendix II to the principal rules,—

(1) in Form No. 1,—

(i) in Part I, for item 10, the following item shall be substituted namely:—

10. TOTAL INCOME

(as rounded off to the nearest multiple of ten rupees—section 288 A) (a) in figures

(b) in words

(ii) for Part II, the following Part shall be substituted, namely :—

"PART II: STATEMENT OF PRE-PAID TAXES

TAX DEDUCTED AT SOURCE ADVANCE TAX TAX ON SELF

ASSESSMENT (Attach certificates) (Attach proof of pay- [Attach proof of payment

ment (See NOTE I)]

Particulars

Amount

Amount Date of Payment

Amount Date of payment

1. Interest on securities . 2. Other interest 3. Dividends . 4. Contract receipts 5. Insurance Commission. 6. Any other income

TOTAL

(iii) in the VERIFICATION, for the brackets and words "(Signature of the Principal Officer)", the brackets and word ''(Signature)" shall be substituted;

(iv) for NOTE I below the VERIFICATION, the following NOTE shall be subs- tituted, namely:—

"NOTE 1. If any tax is payable on the basis of the return after taking into account the amount of tax, if any, already paid under any provision of the Incwne- tax Act, 1961, such tax must be paid before furnishing this return and the return should be accompanied by proof of such payment—section 140A.";

(v) in NOTE 2 below the VERIFICATION, for the words, "punishable with r i- gorous imprisonment which shall not ordinarily be less than six months and may extend to two years", the following shall be Substituted, namely :—-

"punishable,—

(i) in a case where the tax sought to be evaded exceeds one lakh rupees, with rigorous imprisonment wtuch shall not be less than six months but which may extend to seven years and with fine ;

(ii) in any other case, with rigorous imprisonment which shall not be less than three months but which may extend to three years and with fine** ;

(vi) in Anexurc B,—

(a) in Part I, for the sixth column, the following columns shall bs subsituted, namely :—

Annual rent received or receivable including owner's burden of muni- cipal taxes borne by tenants— Explanation to sec. 23(1)

Amount for which the property (exclusive of portion used for own business or profession) might reasonably be expected to let from year to year—sec. 23(1)

(b) In Part II, in column 2, for the heading, the following heading shall be substi- tuted, namely;—

"Amount for which the property (exclusive of portion used for own business or profession) might reasonably be expected to let from year to year or where the property is let and the annual rent received or receivable exceed* the said amount, such rent—sec. 23 (1).";

(o) in Part III, for NOTE 2, the following NOTE shall be substituted, namely:—

'•NOTE 2.—Give separately detnils of deductions claimed in respect of pro- perties covered by the second proviso to sec. 23 (1)." ;

(a) In Sub-Part A,—

(I) in item 7, in sub-item (a), for the words "Auditor's report; and", the words, figures, letter and brackets "Auditor's report. If an audit of cost accounts of the company has been conducted under section 233B of the Companies Act, I9S6 (1 of 1956), a copy of the Auditor's report should also bo attached; and" shall be substituted ;

(II) after item 8, the f jllowing item shall be inserted, namely:—

"9. Adiitional informitim to be furnished by producers of cinematograph

films.—

His statement of p*ym:nts to parsons engaged in the production of cine- mnograph films been delivered to the Income-tax Officer concerned under sec. 285B ? " ;

(b) in Sub-Part B,—

(I) in item 3—

(A) sub-item (1) shall be re-lettered as sub-item (n) and before sub-item (n) as so re-lettered, the following sub-items shall be inscrted.namely:—

"(1) Provisions made for payment of gratuity—sec. 4OA(7)-

(m) Expenditure by way of interest in respect of deposits—sec. 4oA(8)." ;

(B) in sub-item (n) as so re-lettered, for the words "Any provision", the words "Any other provision" shall be substituted;

'(ID in the end3 the following Note shall be. insettcdj namely:—'

"NOTE Profits and gains of shipping business in case of non-residenti should be computed in accordance with the special provisions in section MB.";

\(riu) in Annexure F, in Part I—

(a) item 2 shall be omitted;

(b) items 3 and 4 shall be re-numb=red as items 2 and 3 respectively, and after item 3 as so re-numbered, the following item shall be inserted, namely:—

"4. Profits and ?"ins from buiiness of livestock breeding, or poultry or dairy farming. 8oJJ";

(c) Item 10 shall be re-nurnb;red as item 12 and before item 12 as so re-numbered, the following items shall be inserted, namely:—•

"ro. Interest on moneys borrowed to pay tax under the Act, 80V.

.ir. Expenditure in respect of proceedings relating to determination of liability under the Act. toW";

(d) the Note shall be re-numbered as Note 1 and in Note 1 as so re-numbered, for the figjris and letter "80U", the figures and letters " 8 0 W" shall be subs- tituted;

(e) after Note r as so re-numbered, the following Note shall be inserted, namely:— "Note 2—Where a deduction under section 80MM, section 80N or section 8oO it claimed for the first time, a copy of the Board's order granting approval to the relevant agreement should be attached." j

.flx) in Annexure G,-~

(a) In the heading, for the words "AND DEDUCTION OF TAX AT SOURCE" the words " , DEDUCTION OF TAX AT SOURCE, E T C" shall be sub- stituted;

1. JB tfA HE "... L , l ~A tiAlKAOKLilNARY |VAIT tt—

Cc) after P."rt III, the following Part shall be lnsertcdj namely:—1

"PART IV—OTHER PARTICULARS

1. Is the company liable to pay surtax ?

2. If the answer to item I is "yes", whether a return of chargeable profits has been L fur- nished and, if so, on what date ?

(2) in Form No. 2,—•

(1) in Part I,—

(a) for Item n, the following item shall be substituted, namely:—'

11. TOTAL INCOME

(as rounded off to the nearest multiple often rupees—section [288AJ

(a) in figures

(b) in words

_ ~ —.

- —J -— 1 —1 "

i —* J -— 11

i

.

i

' -' 1 •

^

'

'

' •• '•

'

i-

(b) in item ia, for sub-item (b), the following sub-ittm shall be substituted, namely:—

"(b) Income arising to spouse/jninor child/son's wife/sen's minor child o* any other person as referred to in Chapter V of the Act." ;

(ii) for Part II and Part III, the following Parts shall be substituted, namely:—

"PART II— STATEMENT OF PRE-PAID TAXES

TAX DEDUCTED AT SOURCE ADVANCE TAX TAX ON SELF ASSESS- (Attach certificates) (Attach proof of payment) MENT

[Attach proof of payment—

(Sec NOTE 1) ]

Particulars Amount

Amount

Amount Date of payment

Date of payment

1. 2. 3. 4- 5- 6. 7.

Salaries Interest on securities . Other interest Dividends . Contract receipts. Insurance commission . Any other income

TOTAL .

PART III—STATEMENT REGARDING PARTICULARS OF INCOME EXEMPT

FROM TAX

Particulars Amount Section under which incc me is-

exempted

SEC. 3(li)] THE GAZETTE OF INDIA EXTRAORDINARY 40*

PART IV— STATEMENT REGARDING PARTICULARS OF CERTAIN EXPENDITURE AND ..OUTGOINGS DURING THE PREVIOUS

YEAR

(See Notes A and B)

Particular* Amount

I. Taxes, interest or penalties paid under the Inc:>m;-tax Act, the Wealth-tax Act and the Gift-tax Aw.

3. R;nt for residential premises. Expenditure on maintenance of conveyance, if it exceeds Rs. 3,500/- in aggregate. Electricity, water and telephone bills, if they

4-

exceed Rs. 3,500/- in aggregate.

Education expenses, If they exceed Rs. 3,500/-

5-

on any one dependent.

". Club expanses, they exceed Rs. 1,000/- in

aggregate.

Travel and holiday expenses, if they exceed

7.

Rs. 3,500/- In aggregate.

(a) Purchase of motor car, air 'conditioner, re-

8.

frigerator or television set.

(b) Expenditure on other consumer durables including furniture and house-hold appli- ances, if it exceeds Rs. 2,500/- in aggre- gate.

9. Expenditure on functions, ceremonies,] enter- tainments or other events, if it exceeds Rs. 3,500/- in aggregtae of Rs. 1,000/- on any one occasion.

Gifts and donations, if they exceed Rs. 3,500/-

CO.

in aggregate.

Ei.

12,

Purchase of stoclcj, shares/ securities, e t c, if the amount exceeds Rs. 2.500/- in aggregate. Deposits, loans and advances, if they exceed

RB. 3,500/- In aggregate.

t 3. Purchase of immovable property. Purchase of bullion, ornament and Jewellery, If the amount exceeds Rs. 3,500/- in aggregate.

PART V—STATEMENT OF ASSETS HELD AT THE END OF PREVIOUS YEAR (.See Notes A and C)

Particulars Approximate value/Amount

Land, including agricultuial Iand.1

2. House property. Stocks, shares, securities, etc.

3.

Deposits, loans and advances, if they'exceed

Rs. 2,500/- in aggregate.

Vehicles. Bullion, ornamentSj jewellery, if the value

5- <,.

exceeds Rs. 5°3OOo/- In aggregate.

7- Cash balance. Bank balance.

409 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

NOTE A: Whore precise details are not available, the amount may be given by estimate.

NOTE B: Where an expenditure is included under one item, it need not be included ur dc"- any other item.

NOTE C: Where there arc more than one previous yeax, the position as at the end of the previous year ending last may be stated.

PART VI—LIST OF STATEMENTS AND CERTIFICATES, ETC.

ATTACHED

Statements Certificates:, etc.

(iii) for NOTE I below the VERIFICATION,, the followin g NOTE shall be subs- tituted:, namely:—

"NOTE I. If any tax is payable on the basis of this return, after taking into account the amount of tax, if any, already paid under any provision oi the Income-tax Act, 1961, such tax must be paiafbeforc furnishing this return and the xetutn should be accompanied by proof of such payment—section 140A.",

(iv) in NOTE 2 below ^ V E R I F I C A T I O N, for the words, "punishable w*hh rigcrcvs. imprisonment which shall not ordinarily be less than sjx months ana^xney extend to two years", the following shall be substituted, namely:—

"punishable,—

(i) in a case where the tax soughtto be evaded exceeds one lakh rupees, with tngorons imprisonment which shall not be less thun six months but which may extend to seven years and with fine;

(ii) In any other case, with rigorous imprisonment which shall not be kss thanlthiec months but which may extend to three years and with fine"j

v) in Annexure A, in Part I, in item 1, for the brackets and we rein "(including arrears or advance of salary)",the brackets,woids and figures "[wuwir.g a n t tu or eavtrce- of salary or repayment of any amount deposited under the AdditicnulEinoluiients. (Compulsory Deposit) Act, 1974]" shall be substituted ; JQ, „

(vi) in Annexure C,—j

(a) in Part I,—

(i) in the first column, the figure^'V shall be omittfd and the figuits " 3 ", " 4" and " 5" shaujbc re-numbered respectively as " 2 ", " 3" and "4"j

(ii) for the sixth column, the following columns shall be tubsthuud, ntmely :—

Annual rent received or receivable Amount for which the prcperly (exclusive rf portion uted for own business or profession) might reason- ably be expected tc let fum year to yeai—

sec. 23 (1)

including owner's burden of muni- cipal taxes borne by tenants— Explanation to sec. 23(1)

(b) for Part II, the following Pert shall be tubstituved, nernely :—

PART II—COMPUTATIOWOF ANNUAL VALUE OF SELF-OCCUPIED PROPERT COVERED BY SECTION 23(2)1(3)

1. Amount for which the properly might reasonably be expected to let

from year to year— sec. 23(1)

3. Deduct > Municipal taxes on property— first proviso tc sec. 23(1) . .

SBC 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 493

3. Balance : (1 minus 2) 4. Deduct: Share of oher co-owners

(Give details)

5. Balance : (3 minus 4) 6. Deduct : Half the amount in item 5 or Rs. 1,800, -whichever is less 7. Balance : [5 minus 6] [Limited to 10% of gross total in cf me excltfivr

of income relating to self-occupied property—proviso to pec. 23(2)]

8. Deduction for property neither let nor occupied [applicable where

the assessee owns one residential house only^sec. 23(3)

9. Annual value of self-occupied property (7 minus 8) . ..

(c) in Part IIIj in column 2,for tbe heading, the following heading shall be substitutcdj namely:—

"Amourt for which the property (exclusive of portion used fcr own business cr pro- fessior,) might reasonably be expected to let from year to year cr where the pro- perty is let and the annual rent received or receivable exceeds the said ajnountj such rent—sec. 23(1)."

(d) for Part IV, the following Part shall be substituted, namely:—

"PART IV—COMPUTATION OF INCOME

SUB-PART A—COMPUTATION OF INCOME FROM SELF-OCCUPIED PROPERTY COVERED BY SEC. 23(2)/(3)

I.

2.

Annual value of self-occupied property— frc m Part II Deductions in respect of : [Sec Nctes]

(a) Repairs—sec. 24(i)(i) (b) Insurance—'sec. 24(i)(ii) (c) Interest on mortgage cr capital chargi—sec. 24(i)(iii) . (d) Ground rent—sec.24(i)(v) (e) Interest on borrewtd jeenej—stc. 24(1)^1)

( f) L a nd r e v e n u e, e t c .— s e c. 2 4 ( i ) ( v i i)

( g) I r r e c o v e r a b le r e n t— s e c. 2 4 ( i ) ( x) a nd r u le 4 . ..

N et c h a r g e a b le i n c o me :

3-

(1 minus 2)

SUB-PART B—COMPUTATION OF INCOME FROM OTHER PROPERTY

(NOT COMPRISED IN SUB-PART A)

I. Annual value of other property — m m Part I II

2. Deductions in respect of : [Sec Notes]

(a) Repairs—sec. 24(1)©

(b) Insurance—sec. 24(1X11)

• (c) Interest on mcrtgege or capital charge—'sec. 24(1X111) .

(d) Annual charge—sec. 24(i)(iv) ,

(e) Ground rent—sec.24(i)(v)

(f) Interest on borrowed meney—sec. 24(i)(vi) ,

(g) Land revenue, etc.—sec. 24(i)(vii)

\u) Collection cnargC6— stc. 24tlAvmJ . . . .. (i) Vacancies^ sec. 24(i)(ix)j (j) Irrecoverable lent- sec. 24(i)(x) and rule 4 .

T O T AL . . ..

404 THE) GAZETTE OF INDIA EXTRAORDINARY [PA"T II—

Balance : (i minus 2)

3-

Dsduct : Share of otber co-owners : [Give details]

4-

Net chargeable income

5-

SUB-PART C—COMPUTATION OF AGGREGATE INCOME

I.

2.

Net chargeable income from self-occupied property*-from Sub-Pan A

Net chargeable Income from other property— from Sub-Part B . .

Total net chargeable income carried to item 3 on page 1 .

3-

(e) for Note a, the following Notes shall be substituted, namely :—

"NOTE 2, Give separately details of deductions clalmtd in respect of properties co-

vered by second proviso to sec. 23(1) and by sec. 33(3).

NOTE 3. Where the property shown in Sub-Part B consists of more than one house,

and (i) one or more of such houses arc owned exclusively by the aasesseo

and the rest jointly with other co-owners, or (li) all such houses are owned

Jointly with other co-owners but the shares of the co-owners in different

properties are not the same, computation of Income form each such house

should be given separately and net chargeable Income from all such houses

shown against item 5 of that Sub-Part.";

(vii) In Annexure D, in Part I,—

(a) in Sub-Part A, after item 10, the following item shall be Inserted, namely :—

"II. Additional information to be furrtis/ud by] producers of tvtmntttograph film.—

Has statement of payments to parsons engaged in the production of cinematograph

films been delivered to the Income-tax Officer concerned under sec. 285B?"

(b)in Sub-Part B,—

(I) In item 3—

(A) sub-Item (1) shall be re-lettered as sub-item'(m) and before sub-Item (m) as to

mlattered, the following sub-item shall be inserted, namely :—

"(1) Provisions made for payment of gratuity-tec. 40A(7).";

(B) in sub-item (m) a? so re-lettered, Wbr Ithe words "Any provision", the words

''Any other provision" shall be substituted;

(II) for item 8, the following item shall be substituted, namely:—

"8. Deduction in respect of expenditure on scientific research/export market*

development allowance/agricultural development allowance admissible in execs*

of amounts debited to P. & L. Account—Sees. 35, 35B and 3SC";

(lit) at the end, the following Note shall be inserted, namely ;—

"Note.—Profits and gains of shipping business in the case of non-residents

should be computed In accordance win the special provisions in section 44B.** 1

(vlil) in Annexure G, in Part I,—

(a) items 5 , 6 ,7 and 8 shall be re-numbered respectively as itemj 6,7, 8 and 11 and

(I) before item 6 as so re-numbered, the following item shall be inserted, namely:—•

•'5. Profits and gains from business of livestock breeding, or poultry or dairy

fanning. 8oJJ"j

[ (II) before Item 11 as so re-numbered, the following items shall be inserted, namely ;—

"9. Interest on moneys borrowed to pay tax under the Act. 80V

pio. Expenditure In r-soect of proceedings relating to determination of liability

•under the Act. 80W";

(III) in item 11 as 30 re-numb^r?d, for the figures and letters "80H to 80P, 8oR",

the figures and letters "80FF, 80GG, 80J to 80P, 80R, 8oK,R" shall be substi-

tuted ;

(b)In the Note, for rti; figures and ]]lctter "8oU", thsJSgures and letters "80VV*'

shall be substituted ;

SBC. 3(U)J THE OAZETTE OF INDIA EXTRAORDINARY 405

(3) after Form No- 2, the following; Form shall be inserted, namely :—

"Form No. 2A RETURN OF INCOME

For use in Income-tax

Office

Wttcoma-tax Aet, 1961 Rule i2(i)(b)(ii)

For individuals whose total income includes income under the head "Salaries" received from Govern- ment, but does not include any in- come under the headB "Income from house property", "Profits and gains of business or profession" or "Ca- pital gains" and who do not have any agricultural income.

Assessment year

JName in black letters (Write first the surname)

Previous year(s) ended on

Offiex address

Telephone

^Residential address

Telephone

Permanent Account Numb*

State whether resident,

"Whether this Is a revised return. Hf "o, state date of previous return.

non-resident or not ordinarily resident

PART I—STATEMENT OF TOTAL INCOME (INCLUDING INCOME

UNDER CHAPTER V OF THE ACT)

HEAD OF INCOME

Income/loss (Rs.) (if nil write'NIL')

_, SALARIES (Annexure A)

(a) Government

= INTEREST ON SECURITIES

securities

(See Note)

(b) Other securities

(a) Dividends

. I N C O ME FROM OTHER SOURCES

(See Note)

(b) Interest

(c) Annuity or its

commuted value- sec. 280D

(d) Otherltenu

: Aggregate of items 1 to 3 [Sutyec t to adjustment ot josses under

sections 70, 71 and 74A]

= Deduct: Unabsorbed losses/allowances brought forward from

earlier years under section 57 read with section 32(2)

GROSS TOTAL INCOME

. Less: Admissible, deductions (Part I of Annexure B)

TOTAL INCOME (as rounded off to the nearest multiple of

ten rupees—section 288A)

. , ,

(a) In figures : (b) In words :

•

Income included in Items 1 to 3 :

(a) Income accruing or arising outside India. (b) Income arising to spiuse/minor child/son's wife/son's minor child <">r any other p:rson as referred to in Chapter V of the Act.

tMerobers of armed forces may indicate here their CDA(O)/Servlce or p. A. Number.

fOTE: In respect of "Interest on securities" and "Income from other sources", give on

a separate shiet details of gross income and expenditure claimed.

406 THE GAZETTE OF INDIA EXTRAORDINARY [PART n—

PART II—STATEMENT OF PRE-PAID TAXES

TAX DEDUCTED AT SOURCE ADVANCE TAX TAX ON SELF ASSESS (Attach certificates)

(Attach proof of pay- MENT [Attach proof of.

merit) payment (Sec Note I J.

Particulars

Amount Date of

Amount:

Amount Date of payment

payment

I.

2.

Salaries Interest on securities . Other interest

. Dividends .

3. 4- 5- Any other income

TOTAL

PART III—STATEMENT REGARDING PARTICULARS OF INCOME

EXEMPT FROM TAX

Particulars Amount Reasons why not taxable

LIST OF STATEMENTS AND CERTIFICATES, ETC- ATTACHED

Statements Certificates, etc.

VERIFICATION (See Note 2)

I

(name in full and in block letters) *son/ solemnly declare that to the best of rrr daughter/wife of knowledge and belief, the informatirn given in this return and the Annexures and Statements accompanying it is correct and complete and that the amount of total incrme and other parti- culars shown therein are truely stated and relate to the previous year(s) relevant to the assess- ment year cornrncncirg rp the first day of April.. 19

I further solemnly declare that duxirg the said[ previous year(s)—

(a) no other income accrued 01 arose to or was received by

*me

the person fot and on whose behalf this return is furnished

the person in respect of whose total income I am assessable

from any asset held in

•my name

the name of the person for and on whose behalf this return is furnished

the name of the person in respect of whose total income I am assessable

or in the name of any other person;

(b) there is no other income, including income of any other person, in respect of which •I am

the said person is chaTgeable to tax under the Income-tax Act, 1961.

I further declare that I am making this run ir in my capacity as ,

and that I am competent to make • tetuin and verify it. Place Date

(Signature)

•Strike out whichever is not applicable.

Sac. 3(U)] THE GAZETTE OF INDIA EXTRAORDINARY 407-

NOTE 1. If any tax is payable on the basis of this return after takirg irto account the cmourt:- of tax, if any, already paid under any provision of the Ircomc-tcx Act, 1961, such tax must be paid before furnishing this return, and the return should be accempankd by proof of such payment—section 140A.

NOTE 2. BEFORE SIGNING THE VERIFICATION, THE SIGNATORY SHOULD- SATISFY HIMSELF THAT THIS RETURN AND THE ACCOMPANYING ANNEXURES AND STATEMENTS ARE CORRECT AND COMPLETE IN ALL RESPECTS. (Any person makirg a false statcmtrt in this r t um OT the accompanying Annexure! OT Statements shsl1 be liable to prosecution under section 277 ot the Income-tax Act, 1961 and on conviction be punishable,—

("') in a case where the tax sought to be evaded exceeds one lakh rupees with rigorous imprisonment which Shall not be less than six months but which may extend to seven years and with finej

(H) in any other case, with rigorous imprisonment which shall not be less thai) three months but which may extend to three years ai d with fine.")

ANNEXURE A—SALARIES

PART I—COMPUTATION OF INCOME

Salary [in cludir g arrears of advan cr of salary or repayment of any amount deposited under the Additional Emoluments (Compulsory Deposit) Act, 1974], wcges, fees, pension (including commuted value of pension), annuity and gratuity due, paid or allowed during the previous ycaT, to the extent these axe not exempt from tax .

Other cash allowances /payments, to tlte extent these are not

exempt from tax;

(a) H o u se r e nt ( b) C o n v e y a n ce ( c) E n t e r t a i n m e nt . . . . . .. ( d) O t h er i t e m s: ( G i ve d e t a i l s)

TOTAL

Value of perquisites provided by employer:

3-

(a) Free or concessional accommodation—

(c) : (See Note i ) e . g .,

(i) Conveyance-rule 3(c) .

(n) Gas, electric energy and water-rule 3(d) . (Hi) Domestic or personal services (iv) Personal travelling

(v) Any other items (Give details)

T O T AL

(c) Payments by employer in respect of obligations of asscssee (including children's education, income-tax etc.) and sums payable by employer for life assurance or annuity—sed7(2)(iv) and (v) . . ..

4- Profits in lieu of or in addition to salary or wages and any other income chaTgeablcundeithe head "Salaries". (Give details): . . . . . . ..

T O T AL of items 1 to 4

6. DEDUCTIONS in respect of; (Set Note 2) (a; Expenditure incidental to employment . sec. i6(i) (b) Entertainment allowance . . . sec. i6(ii)', Total of sub-items (a) & (b) '

Net income assessable under the head "Salaries" curried to item 1 on page 1

NOTE I. Item 3(b) to be filled in only by persons whose mccwe under the head "Salaries'* (ex- clusive of non-monetary benefcts/iaaeaities) exceeds Rt. 18,000/-.

N O TE 2. W h e re t he r e t u rn r e l a t es to a s s e s s m e nt y e ar 1 9 7 4 - 75 o r a "y e a r l i er M s e s s m e nt y e ac •

deductions under section i6(i) to (v) should be shown separately.

- - 4 08 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I I—

P A RT I I — A M O U N TS N OT I N C L U D ED IN P A RT I BY REASON OF E X E M P T I ON

C L A I M ED U N D ER S E C T I ON 10.

I. Travel concession—sec.io(5) . . . ..

•z. 3- -4.

Gratuity—sec.io(io)

House rent allowance—sec.io(i3A) .

Conveyance or other specific allowances—sec. 10(14)

Other Items: (Give details)

5-

ANNEXURE B—DEDUCTIONS, TAX REBATES AND RELIEFS CLAIMED

PART I—DEDUCTIONS

Particulars Section Gross

Amount of

amount

Quali- fying amount

deduction

Rate %

or limit

ofdeduc-

tion

• 1.

TLjfe insurance premiums, contri-

butions to provident funds, etc.

SoC

2.

80G

. Donations • •

3.

80K

Dividends attributable to profits

from newly established industrial

undertakings, ships or hotel busi-

ness

4- Interest on certain securities, other interest, dividends, etc.

80L

5- Other deductionSj if any, including those admissible under sections 80D to 80FF, 8oGG, 80R, 80RRA, 8oTT, 80U to 80 W or 380-O (Give details)

Total carried to item 7 on page 1

PART II—TAX REBATES

Particulars

Amount

1. Interest on tax free Securities—sec. 86A

PART III—DOUBLE TAXATION RELIEF

Income Included in total Income on which double taxation relief

is claimed under section 90 or 91: (Give details).

(4) in Form No. 3,—

(i) for the word, figures, brackets andletteT "Rule I2(i)(b)(ii)" the word, figures, bracket

and letter "Rule i2(i)(b)(iii)'' shall be substituted;

Sac 3(il,|] THE GAZETTE OP INDIA EXTRAORDINARY 409.

(U) In Part I,—

(a) for item 10, the following item shall be substituted, namely:—

tt

, ..

10. TOTAL INCOME

(as rounded off to the nearest multiple of ten rupees—Section 288A) (a) In figures

(b) in words

>-;

(b) in item 11, for sub-item (b), the following sub-item shall be substituted namely:— "(b) Income arising to Spouse/minor child/son's wife/son's minor child or any- Other pwson as referred to in Chapter V of the Act.";

(Hi) for Part II and Part III, the following Parts shall be substituted, namely:—

"PART II—STATEMENT OF PRE-PAID TAXES

TAX DEDUCTED AT SOURCE ADVANCE TAX TAX ON SELF- (Attached certificates) (Attached proof of pay- ASSESSMENT

ment) [Attached proof of pay-

ment (See NOTE 1)]

Amount Particulars

Amount

Amount Date of payment

Date of payment

*

1. Salaries 2. Interest on securities 3. Otherintercst 4. Dividends . 5. Contract receipts 6. Insurance commission 7. Any other income

TOTAL

•

PART III—STATEMENT REGARDING PARTICULARS OF INCOME EXEMPT

FROM TAX

Particulars Amount Section under which income is

exempted

LIST OF STATEMENTS AND CERTIFICATES, ETC. ATTACHED

Statements Certificates, etc.

(iv) for NOTE I brlow the VERIFICATION, the following Note shall be substituted namely —

'•NOTE I.—If any tax is payable on the basis of this return after taking into account the amount of tax, if any, already paid undex any provision of the Income-tax Act, 1961 such tax must b; paid before furnishing this return and the return Should be accom- panied by proof of such payment—Section 140A ",

(v) in NOTE 2 below the VERIFICATION, for the words "punishable with rigorous im- prisonment which shall not ordinarily be less than sue months and may extend to two years", the following shall be substituted, namely—

•"punishable,—

(1) in a case where the tax sought to be evaded exceeds one lakh rupees, with rigorous imprisonment wiich shall not be less than six months but which may extend to Seven years and with fine ,

(h) tn any oth'r cas*, with rigorous imprisonment which shall not be less than three mjnths b-it which may extend to three years and with fine";

(vi) in Annexure A, in Part I, in item I, f Jr the brackets and words "(including arrears or advance of salary)", the brackets, words and figures "including arrears OT advance of salary or repayment of any amount deposited under the Additional Emoluments (Compulsory Deposit) Act, 1974]" shall be substituted ,

(vii) in Annexure B,—

("0 in Part I,—

(1) in the first column, the figure "z" shall be omitted and the figures " 3 ", " 4" and " 5" Shall be re-numbered respectively as " 2 ", " 3" and " 4" ;

(ii) for the sixth column, the following columns shall be substituted, namely:—

Annual rent received or receiveable including owner's b lrd^n of m jnicipal taxes borne by tenants—Explanation to SLC 23(1)

Amount for which the property might reason- ably b- expictcd to let from year to year— sec 23(1)

(b) for Part II, the following Part shall be substituted, namely —

PART II—COMPUTATION OF ANNUAL VALUE OF SELF-OCCUPIED PROPERTY COVERED BY SECTION 23(2)1(3)

I. Amount for which the property might reasonably be expected to let from yeartoyeaT.—sec. 23(1) . . . . . . . . . ..

2. Deduct : Municipal taxes on property—first proviso to sec. 23(1) , . t

Balance (1 minus 2) . . . . . . . . .. 4

Deduct : Share of other co-owners . . . . . .. ., A

(Give details).

Balance : (3 mmus 4) . • • • • . . . . .,

Deduct: Half the amount in item 5 or Rs 1,800, whichever is less . . .

6.

B i l m ce : [5 minus 6] [Limited to 10% of gross total income exclusive of 7

income relating to self-occupied property—proviso to section 23(2)] - , .

8 Deduction for property neither let nor occupied [Applicable w h e re t he aaaessee owns one residential house only]—section 23(3) . . . %

Annual value of self-occupied property (7 mmus 8) • • • " .

9.

•SEC. 3{ii)] THE GAZETTE OF INDIA EXTRAORDINARY %TT

(c) in Part III* in column 2, for the heading, the following heading shall be substituted

namely :—

"Amount for which the property might reasonably be expected to let from year to year or where the property is let and the annual rent received or rsceiveable exceeds the said amount, sach rent—sec. 23(1).";

(d) for Part IV, the following Part shall be substituted, namely :—

"PART IV—COMPUTATION OF INCOME

SUB-PART A—COMPUTATION OF INCOME FROM SELF-OCCUPIED PRO-

PERTY COVERED BY SECTION 23(2)/(3)

1. Annual value of self-occupied property—from Part II

2. Deductions in respect of: [See Notes].

(a) Repairs—Sec. 24(i)(£)

(b) Insurance—sec. 24(i)(ii)

(c) Interest on mortgage or capital charge—sec. 24(i)(iii)

id) Ground rent—sec. 24 (1) (v)

TOTAL

3. Net chargeable income :

(e) Interest on borrowed money sec. 24(l)(vi)

(f) Land revenue, etc.—sec.

24(i)(vii)

(g) Irrecoverable rent —sec. 24(i)(x) and rule 4

(1 minus 2)

SUB-PART B-COMPUTATION OF INCOME FROMjOTHER PROPERTY (NOT

COMPRISED IN SUB-PART A)

1. Annual value of other property—from Part III

2. Deductions in respect of : [See Notes]

(a) Repairs—sec.24(1)®

(b) Insurance—sec.24(i)(ii) (c) Interest on mortgage or capital charge sec 24(i)(ih)

(d) Annual charge—sec. 24(i)(iv)

(e) Ground rent—sec. 24(i)(v)

TOTAL

3. Balance (1 minus 2) (f) Interest on borrowed money—

sec. 24(i)(vi)

(g) Land revenue, etc.—.

sec 24(i)(vii)

(h) Collection charges—sec. 24(i)(viiO

(i) Vacancies—sec. 24(l)(ix) (g) Irrecoverable rent—sec.24(1) (x) and rule 4

4. Deduct: Share of other co-owners:

[Give details]

5. Net chargeable income

4 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART It—

SUB-PART C : COMPUTATION OF AGGREGATE INCOME

I.

2. Net chargeable income from other property—from Sub-Part B —-

Total net chargeable income carried to item 3 on page i

- - .. 3-

(e) for Note z, the following Notes shall be substituted, namely*j—

"NOTE 2. Give separately details of deductions claimed in respect of properties covered by Second proviso to sec. 23(1) and by sec. 23(3).

NOTE 3- Where the property shown in Sub-Part B consists of more than one house and (i) one or more of such houses ate owned exclusively by the assesses and the rest jointly with other co-owners, or (ii) all such houses are owned jointly with other co-owners but t he shares of the co-own ersin different properties are not the same, Computation of income from each such house should be given separately and net chargeable income from all such houses shown against item[5 of that Sub- Part.";

(viii) in Annexure D, in Part I,—

(a) for item 6, the following items shall be substituted, namely:— f

"6. Interest on moneys borrowed to pay tax under the Act. SoV

7. Exp:nditure in respect of proceedings relating to determination of liability under the Act.

80V 8. Other deductions, if any, including those admissible under section 80D to 80FF, 80GG, 80P, 80R, 80RRA, 80TT, 80U or 28&-O1 [Give details]";

(b) in the Note, fox the figures and letter "80U", the figures ar dletters "80VV" shall be substituted;

(5) in Form No. 3A,—

(i) in Part I,—

(a) for item 9, the following item shall be substituted, namely:—

t"S>. Deduct:

(i) Amount applied to charitable OT religious purposes in India during the previous year. (See Notes 1 and 2}

(ii) Amount deemed to have been applied to charitable or religious pur- poses in India durii" g the previous year—clause (2) of the Explanation to section 11(1). (See Notes 1 and 2)

(iii) Amount ^accumulated or set apart for application to charitable or

finally set apart

religious purposes to the extent it does not exceed 25 per cent, of the

income derived from property held in trust • wholly ^ such purposes.'

in part only

(iv) Amounteligibleforexemptlonunderscction II(I)(C). (Give details)

(v) Amount, in addition to the amount referred to in (Hi) above, accu- mulated or set apart for specified purposes if all the conditions in section 11(2) are fulfilled :* (See Note 3)

(vi) Total of (i) to (v) : (See Note 4)";

SEC 3

(*) for item n . t hc following ittrnvhtl) bt substitute, m m dj :—

" I I. Add:

(i) Income chargeable under section n (iB) (ii) Income chargeable under section n (3) (iii) Income in respect of which exemption under stet'en 11 is ret avtihtk ly n&Eci of provisions of section 13 (Annexure I).";

(c) for item 14, the following ittm ehsll be substituted, namely: .

"14. TOTAL INCOME

(as rounded off to the nearest multiple of tt n rupee ?—

section 288A) (a) in figures

(b) in words

^ ^ ^^ ii

t

(ii) in Part II,—

(a) for the h.-admg, the following heading shall be substituted, n*mtly:— "PART II : STATEMENT REGARDING PARTICULARS OF INCOME

EXEMPT FROM TAX "; (b) in column 3, for the words " Reasons why not taxable ", the words " Section un- der which income is exempted " shall be Substituted j

(•: ) Note i, Note 2, Note 3 and Note 4 below the VERIFICATION "hall be re- numbered respectively M Note 2, Note 3, Note 4 and Note 5 and before Note; 2 as so re-numbered the following Note shall be inserted, namely:— "t Note 1 In the case of a trust or institution which is not created or established wholly for charitable or religious purposes, any amount applied to charitable or religious purposes in India during the previous year out of volun tary Contribution received by the trust or Institution is not allowable as a deduction."]

(iv) in Note 3 as So rc-numbered, below the VERIFICATION, for the brackets ar d figures " (I"O"J the brackets ard figures " (v) " shall be substituted ;

(v) in Note 4 as so re-numbered, below the VERIFICATION, for the words, brackets and figures " item (>'), (u) and (iii)" the words, brackets si d figi ri s " it< m (i), (ii), (M'OJ (>f) and (") " shall be substituted ;

(vi) in Note 5 as so re-numbered, for the words "punishable with rigorous imprisonment which shall not ordinarily be less than six months and may exterd to two years", the following shall be substituted, namely :—

"punishable,—

(i) in a case where the tax sought to be evaded exceeds one lakh rupees, with ri- gorous impr isonment which shall not be less than si\ merits bit whieh may extend to seven years and with fine,

(ii) in any other case, with rigorous imprisonment which shall rot be less thar tLrce months but which may extend to three years and with fine.";

(vii) in Annexure B ,~

(") in Part I, for column (6), the following coliroBSshall be substituted, nrircly :—

(7)

(6)

Annual rent received or receivable including owner's burden of municipal taxes borne by tenants—Explanation to sec. 23 (1)

Amount for which the property (exclusive of portion used for own business or pro- fession) might reasonably be expected to Jet from year to year—sec. 33(1)

(b) in Part II, in column (2), for the heading, the following heeding shall be substituted' namely:— "Amount for which the property (exclusive of portion used for own business 01 profession) might reasonably be expected to let from year to year or where the property is let and the annual rent received or receivable excetds the ssid t m o wt such rent—Sec. 23(1).";

414 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(viii) in Annexure C, in Part I ,-

(a) in Sub-Part A,—

(I) in item 1, in sub-item (a) for the words "Auditor's report ; and", the words, figures, letter and brackets "Auditor's report. If an audit of cost accounts of the company has been conducted under section 233B of the Companies Act, 1956 (1 of 1956), a copy of the Auditor's report should also be attached; and" shall be substituted;

(II) afteritcm 8, the following item shall be inserted, namely :—•

"9. Additional information to be furnished by producers of cinematograh film;,—

Has Statement of payments to persons engaged in the production of cinematograph films been delivered to the Income-tax Officer concerned under sec. 285B?'' (b) in Sub-Part B,—

(I) in item 3— (A) sub-item (i) shall be ro-lettered as sub-item (") and before sub-item (n) as so re-lettered, the following sub-items shall be inserted, namely :—

" 00 Provisions made for payment of gratuity—sec. 4oA(7).

(m) Expenditure by way of interest in respect of deposits—sec. 40A (8)." ; (B) in sub-item (n) as so re-lettered, for the words" Any provision", the words "Any other provision" shall be substituted;

(II) in the end, the following Note shall be inserted, namely :—

"NOTE.—Profits and gains of shipping business in case of non-residents should be computed in accordance with tne Special provisions in section 44B.";

(is) in Ann exure F, in Part I,—

(a) item 3 shall be re-numbered as item 5, and before item 5 as so rc-numbered, the fol- lowing items shall be inserted, namely :—

" 3. Interest on monies borrowed to pay tax undeT the Act. 80V 4. Expenditure in respect of proceedings relating to determination of liability under the Act.

8 0 W ";

(b) the Note shall be re-numbered as Note 1, and in Note 1 as so rc-numbercd for the figures and letter "80U", the figures and letters" 80 W" shall be Substituted J

(c) after Note 1 as so re-numborcd, the following Note shall be inserted, na- mely:—

" NOTE 2.—Where a deduction under section 80MM, section 80N, or section 80 O is claimed for the first time, a copy of the Board's order granting approval to the relevant agreement should be attached.";

(x) for Annexure G, the following Annexure shall be substituted, namely :—

"ANNEXURE G - S T A T E M E NT OF PRE-PAID TAXES

TAX DEDUCTED AT SOURCE

TAX ON SELF ASSESSMENT (Attach certificates)

[Attach proof of payment

ADVANCE TAX

(Attach proof

of payment)

(See Note)]

Amount

Particulars

Date of payment Amount

Date of

payment Amount

1,

z.

3.

Interest on securities Other interest Dividends Any other income

4-

TOTAL

NOTE : If any tax is payable on the basis of this return, after taking into accoun t the amount of tax, if any, already paid under any provision of the Income-tax Act, 1961J such tax must be paid before furnishing this return and the return should be accompanied by proof of such pay- ment—section 140A".

[No. 1242/F. No. 133 (22o)/75-TPL]

O. P. BHARDWAJ,

Secretary, Central Board of Direct Tax es'

Sic. 3(11)] THE GAZETTE OF INDIA EXTRAORDINARY 415 416 THE GAZETTE OF INDIA EXTRAORDINARY [PART D-^

I JJ lilJC l i A ^ l l ju UJI L,JUlA J ^ L I. Al. i^JNA .,. 417

418 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC 3(10] THE GAZETTE OF INDIA EXTRAORDINARY 419 420 THE GAZETTE OF INDIA EXTRAORDINARY [PA*T H— SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 4"1 422 THE GAZETTE OF INDIA EXTRAORDINARY [PART H— SBC. 3(li)l THE GAZETTE OP INDIA EXlRAORJttNARY 4A3 SEC. 3(11)] THE GAZETTE OF INDIA EXTRAORDINARY 42$ .426 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— S BC 3(ii)J THE GAZETTE OF INDIA EXTRAORDINARY 437 4** THE GAZETTE OF INDIA EXTRAORDINARY [PART I t- SteC 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 43c) 430 Ttte OAZETtE OF INDIA EXTRAORDINARY [PART H- SWF. 3<#)J THE OAZBTTE OF "JDIA EXTRAORDINARY 431 432 THE GAZETTE OF INDIA EjfrRAORDINARY [PART II— SEC. 3(ii)] THE GAZETTE OF XNDJA BXTKAORD1NARY 433 434 *™ GA^ETTS OP INE"A EXTKAeiUMNARY [PAKT If- 94£ 3(ii)] THE GAZETTE OF INIKA EXTRAORDINARY ^5 456 TH& GAZETTE OK INDIA E X T R A O R D I N A RY ^AAT I t- SEC 3(ii)J THE GAZETTE OF INDIA EXTRAORDINARY 437 4*8 THE GAZETTE OP mOtA EXtRAflRDltfAfcY [FAUX tt- SEC. i(il)j THE GAZETTE OF INDIA EXTRAORDINARY 4^ 44P THE GAZETTE OF INDIA EXTRAORDINARY [PART I I- SEC- 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 4 4! 443—451 T HE GAZETTE OF INDIA EXTRAORDINARY [PART H-^SBC. 3(11)]

PRINTED BY THB OENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DBLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 76

Cite this issue. Extraordinary Gazette of India, Government of India, 23 February 1976. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1976-02-23.E-1197-1976-0088-53065/. Archive identifier in.gazette.csl_extraordinary.1976-02-23.E-1197-1976-0088-53065.