Servants of Knowledge
Extraordinary Gazette of India · Government of India

Subject NOT available

Published 22 January 1981

Ministry
Ministry NOT available
Type
Extra Ordinary
Download
GV_Content_Detail$ctl13$lnkflname_Pdf_Img
Gazetteid
E-0993-1981-0036-43770
Identifier
in.gazette.csl_extraordinary.1981-01-22.E-0993-1981-0036-43770
Languages
English, Hindi
Published at
Original source ↗

click here for IIIF manifest

REGISTERED No. D. (D)—72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 36] NEW DELHI, THURSDAY, JANUARY 22, 1981/MAGHA 2, 1902

Separate paging is given to this Part in order that it may be filed as a separate compilation

(103)

1232 GI/80—1

104 " THE GAZETTE OF I^DIA : EXTRAORDINARY [PART IT—SEC. 3(ii)]

105

106 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

107

108 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)]

109

110 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

I ll 1232 GI/80—2

112 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI II—SEC. 3(.ii)]

113

114 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

115

U6 THE GAZETTE OF INDJA : EXTRAORDINARY [PART II—SEC. 3(ji)]

117

118 THE GAZBTTE OF JNDIA : EXTRAORDINARY [PART 11—SEC. 3(ii)]

H9 J232 GI/80—3

120 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

121

122 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3fii)]

123

124 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI II—SEC. 3(ii)]

125

126 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

127 1232 GI/80—4

128 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—Sue. 3(ii)]

129

130 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ji)]

131

1 32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3 <*

133

134 THE OAZPffE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

135 1232 GI/80— 5

136 THE GAZETTE OF INDIA : EXTRAORDINARY [P^RT II—SEC. 3(ii)]

MINISTRY OF FINANCE

(Central Board of Direct Taxes)

NOTIFICATION

INCOME-TAX

New Delhi, the 22nd January, 1981

S.O. 46(E).—In exercise of the powers conferred by section 293 of the Income-tax Act, 1961 (43 of 1961), the Central Boai d 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, 1981.

(2) They shall come into force on the 1st day of April, 1981.

2. After rule 5A of the Income-tax Rules, 1962, (hereinafter referred to as the principal rules) the following rule shall be inserted, namely :

Prescribed particulars for depreciation and Investment allowance.

" 5 A A . 0) For the purposes of the deductions referred to in sub-seclion(l) or sub-section (1A) of section 32 and sub-section (1) of section 32A, the following particulars shall be furnished in a columnar form, namely :

(1) description of assests (in respect of building, indicate whether the building is taken on lease or is owned by the assessee);

(ii) written down value of existing assets;

(Hi) actual cost of assets acquired during the previous year ;

(iv) capital expenditure on additions or alterations ;

(v) period of user (only where return relates to assessment year 1969-70 or any earlier year);

(vi) amount of moneys payable and scrap value in respect of assets sold, discarded, demolished or destroyed;

(vii) amount on which depreciation is allowable [total of items (ii) to (iv) exclusive of amounts relating to assets referred to in itcm(vi)].

(viii) rale of depreciation;

(ix) total number of days worked (to be furnished only if extra shift allowance is claimed);

(x) total number of days worked—

doub'e shift and triple shift (to be furnished only if extra shift allowance is claimed);

(xi) depreciation claimed—

(a) initial depreciation;

(b) normal depreciation (including extra depreciation for approved hotels);

(c) additional depreciation ;

(d) extra shift allowance—double shift and triple shift;

(xii) total depreciation ;

(xiii) investment allowance claimed (also indicate rate);

(xiv) remarks (indicate the amount of initial depreciation, investment allowance or development rebato allowed in respect of the asset in an earlier year).

(2) Where the depreciation in respect of any asset is not admissible as a deduction under clause (ii) of sub-section (4) of section 37 or sub-clause (ii) of clause (c) of section 40 or sub-clause (ii) of clause (a) of sub-section (5) of section 40A, such depreciation shall be excluded for the purposes of sub-rule (1)".

3. In sub-rule (1) of rule 12 of the principal rules, in clause (b),—

(i) in sub-clause (i), tho proviso shall be omitted;

(ii) sub-clause (ii) shall be omitted;

(iii) in sub-clause (iii), the words, brackets and figures "and the case does not fall under clause (ii), shall be omitted. 4, In Appendix II to the principal rules, for Form Nos. 1, 2, 2A, 3 and 3A, the following Forms shall be substituted, namely :_

137

"FORM NO. 1

RETURN OF INCOME For use in Income-tax Office.

——. . —— [For companies other than those claiming

INCOME TAX ACT, 1961 exemption undei section 11]

Rule 12(l)(a)

Name in block letters

Assessment Year

Address

Telephone Previous year (s) ending on :

If this is a revised return, please state the date of filing the previous return. Permanent Account No.

State whether *Resident/Non-residcnt

PART I: STATEMENT OF TOTAL INCOME INCLUDING INCOME OF OTHER PERSONS INCLUDIBLE IN ASSESSEE'S TOTAL INCOME

Head of Income

Income/Loss (Rs.) [If nil, write 'NIL1] 1. INTEREST ON SECURITIES (Sec Note 1)

2. INCOME FROM HOUSE PROPERTY (Sec Note 2)

3. PROFITS AND GAINS OF BUSINESS (a) Share in piofits of a registered fii m

(Anncxurc A).

OR PROFESSION [Income/loss from speculation business to be stated separately againt (a), (b), (b) Share in profits of an unregistered firm (c) & (d)]

or association of persons (Anncxurc A)

(c) Any sum received in respect of a discon- tinued business or prefession—Sec. 176

(d) Business or profession [exclusive of items

(a) , (b) and (c)] (See Note 3)

4. CAPITAL GAINS [Annexmc B] (a) Relating to short-term capital assets

(b) Relating to other capital assets :

(i) Lands or buildings or any rights

therein

(11) Other assets

5. INCOME I-ROM OTHER SOURCES (a) Dividends

[See Note 4]

- ••-• •• —

(b) Interest

(c) Other Itoms

6. Aggregate of items 1 to 5

7. DEDUCT

(a) Unabsorbcd losses/allowances brought

forward from earlier years under sections 32(2), 35(4), 36(1) (ix) & 72 to 79

(b) Investment allowance/development re-

bate/development allowance under section

32A(3)/33(2)/33A(2)

8. GROSS TOTAL INCOME

9. LESS : Admissible deductions (ANNEXURt C)

10. TOTAL INCOME

(As rounded off to the nearest multiple of ten

rupees Sec. 288A)

(a) in figures

(b) in words—. •

.

11. Income included in items 1 to 5 being income arising to any other peison as referred to in sections 60, 61 or 62.

•Strike out whichever is not applicable.

138 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(iO1

PART II : STATEMENT OF TAXES

TAX ON TOTAL INCOME

(Attach a statement showing the computation of tax on total income)

PRE-ASSESSMENT TAXE S

A. TAX DEDUCTED AT SOURCE

(Attach certificates)

1. Interest on securities

2. Other interest

3. Dividends

4. Any other income

(Please specify)

Total

Rs.

B, ADVANCE TAX

(Attach ehalans) Date of Payment

Amount

Total Rs.

C. TAX ON SELF ASSESSMENT

(Attach clialan)

Date of payment

Amount

Rs.

TOTAL OF A, B and C

Rs.

PART III : PARTICULARS OF INCOME CLAIMED TO BE EXEMPT FROM TAX AND NOT INCLUDED FN PART I.

Particulars

Amount Reasoiis why not taxable

PART IV : STATEMENT REGARDING DEFAULTS IN FURNISHING THE RETURN OF INCOME OR PAYMENT OF ADVANCE TAX.

1. If there bai been delay in furnishing the return of income within the statutory time-limit, "Yes/No pleuse indicate whether the application in Form No. 6 has been filed.

2. If yes, please state the date of application and receipt number.

.

i if tVi"TV hue Iwn n rlcfnuit in fnmkhinij the return, of income or in oavment of advance-tax

VERIFICATION (See Note 5)

I

\ of

(Name in full and in block btters) *son/daughtor/wifc of Shrl being the solemnly declare that to the best of my knowledge and belief tho information (designation) (name of the company)

given in this return and the Annexures and Statements accompanying it is correct and complete and that the amount of total income anil other particulars shown therein are truly stated and relate to the previous year relevant to the assessment year 19

I further solemnly declare that during Lhe said previous year(s) :—

(a) no other income accrued or arose to or was received by the company from any asset held in the name of tho company or in the name of any other person;

(b) there is no other income, including income of any other person, in respect of which the company is chargeable to tax under the Income-tax Act, 1961.

*Strike out whichever is not applicable.

139

• I further solemnly declare that during the said previous year(s): —

(a) no other income accrued or arose to or was received by the person in respect of whoso total income the company k assessable from any asset held in the name of the person in respect of whose total income tho company is 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 the person in respect of whose total income the company is assessable is chargeable to tax under the income-tax Act, 1961,

I further declare ttut in my capacity as

(designation)

I am competent to make this return and verify it on behalf of the company.

Place

(Signature) Date

ANNEXURE A : PROFITS AND OAINS OF BUSINESS OF PROFESSION

SHARE FROM A FIRM OR ASSOCIATION OF PERSONS

Business (other than speculation) and Speculation business profession.

A. Registered firms

1. Amount of share in proflt/lcss.

2. Deduct (Add, if thi above figure is a loss)

Expenses claimed (Give details)

• ——— —— • — • —

3. Net pi of it/loss, carried to item 3(a) on

page 1,

B. Unregistcied firms/association of persons

1. Amount of share in profit/loss.

2. Deduct (Add, if the above flgmes is a

loss)

Expenses claimed (Give details)

3. Net profit/loss, carried to item 3(b) on

page. 1.

ANNEXURE B: CAPITAL GAINS [See Note 6]

Capital gains relating to short-term capital assets

Less : AmDunt exempt under sections, 53,54Bor 54D.

Net amount carried to part (a) of item 4 on page 1

Capital gains relating to capital assets other than short-tct m capital assets.

Less : Amount exempt under sections 53, 54B, 54D or 54E.

Balance

Add : Amount deemed to bs income chargeable under the head "Capital Gains" —Sec. 54E(2)

Net amount carried to part (b) of item 4 on page 1.

•Strike out whichever is not applicable.

1 40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S C C. 3 (ii) ]

ANNEXURE C : DEDUCTIONS [See Note 7]

Particulars

Gross Amount Qualifying amount Amount of

Deduction 1. Donations to which Sec. 80G applies.

2, Profits and gains from newly established industrial undcrtakirg or hotel/business in backward areas—Sec. 80HH

3. Profits and giins from newly established small-scale industrial undertaking in certain areas—Sec. SOHHA.

4. Profits and giins fiom nuwly established industrial undertaking or ship Or hotel business.

(i) deduction in respect of assessment year to which (his return

relates.

(ii) deficiency in respect of earlier assessment years—sec. 80J.

5. Profits and giins from newly established industrial undertaking or ship or hotel business.—Sec. 80-1.

6. Profits and gains from business of livestock bleeding OL poultry or dairy farming- Sec. 80JJ.

7. Profits and gains from bu,iness of growing mushrooms—Sec. 8OJJA.

8. Other deductions, if any (Give details)

Total amount of deduction carried to item 9 on page 2.

ANNEXURE D : STATEMENT OF PARTICULARS REGARDING COMPUTATION OF TAX LIABILITY AND DIVIDENDS

[See Note 8]

PARTICULARS RELEVANT FOR COMPUTATION OF TAX LIABILITY

1. Is the company—

(a) an Indian company?

*Yes/No (b) a foreign company which has made the prescribed arrangements for the declaration and payment of dividends within India?

* Yes/No

2. If the answer to item 1 (a) or (b) is 'Yes'

(a.) is th; company one in which the public are substantially interested—vide sec. 2(18) or a subsidiary company referred to in Section 108(b)?

"Yes/No [If th; answer is 'Yes' please attach a statement showing the fulfilment of the conditions specified in the relevant section]

141

£. IN CASE THE ASSESSEE HAS PAID DURING THE PREVIOUS YEAR rent, commission, royalty or brokerage or any annuity (not being an annuity assessable under the head "Salaries") exceeding one thousand rupees, attach separate statements (according to nature of payment) showing the names and addresses of the payees and the amounts paid, if any payee is a non-resident indicate whether tax has been deducted at souice and paid to the ciedit of the Central Government.

4. A DEALER, BROKER OR AGENT OR. ANY PERSON CONCERNED in th; manag:m;nl of a Slock or Commodity Ex- clnngsshould furnish a statement of the names and addicsses of all person^ to whomheor the exchange has paid in the pievions year any sum or aggregate suras: (a) in excess of Rs.2,Q00by wayof "diffeince " and (b) in excess of Rs. 10,000 in connection with the transfer whether by way of sale, exchange or otherwise, of assets; or on whose behalf or fi om whom he or the Exchange has recevied any such sum togethjr which particulars (amount, date, etc.) of all such payments ard receipts.

5. Ifthsassessee is liable to deduct tax at source under sections 192,193, 194, 194A, 194B, 194BB, 194C, 194p 195, please furnish th; information on the following points :

(a) Th; amount of tax deducted at source;

(b) Whether such tax has b ^ n p a id to the Central Government.

(c) Wlvth-r th- prescribed returns have b;en furnished to ths Income-tax Officer concerned,

NOTE 1 : The following particulars and computation of income under the head "Interest on securities" may b^ furnished in a statcmen t attached with this return, namely:

GENERAL PARTICULARS

(i) Particulars of securities (ii) face value (iii) gross amount of interest due or received during the year (give separate details regai ding Government Securities), and debentures and other securities, (iv) amount of lax deducted at source (v) Remarks, e.g., in the case of a trx- free security, enter the word "Tax-free".

Computation of Income

( TJ b; giv^n separately for Government securities, and debentures and other securities).

(i) Gross amount du; or received [from item (iii) of the general particulars] (h) Less:(&) expenses for realising interest. Sec. 1 9 (IM:O and (b) interest cm moneys borrowed—Sec. 19(ii) 20 (iii) Net amount of interest on sccuiities carried to item 2 on poge 1 being (i) minus (ii).

NOTE: 2 The following particulars/computation of income under the head "Income from house property" for each house pro- perty may bj furnishid in a statement attached with this return, namely :—

INCOME FROM HOUSE PROPERTY (LET OUT PROPERTY)

General particulars

(a) Location of the property; (b) Annual municipal valuation.

COMPUTATION OF INCOME

(a) Amount for which the property might reasonably be expected to ]et from year to year or where property is let and the annual rent received or receivable exceeds the said amount, such rent-section 23(1); (b) Deductions: (i) amount of municipal taxes borne by the owner— 1st proviso to sec. 23(1); (ii) allowance for newly constructed property—second proviso to sec. 23(1); (c) annual value being (a) minus (b); (d) deductions;(i)Repairsl/6thofth3annualvalu;-sec.24(l);(i)(ii)insurancescc.24(l) (ii.);(iii)annualchargc-scc. 24(l)(iv); (iv) ground rent sec. 24(1 )(v); (v) interest on borrowed capital-sec. 24(1) (vi); (vi) land revenue, etc., sec. 24(1) (vii); (vii) collection charges limited to 6% of annual value at (c)—sec. 24(lXviii); (viii) vacancies-sec. 24(l)(ix) ;(ix) Irrecoverable rent. sec. 24(1 )(x) and rule 4; (c) total of deductions in (d); (f) net chargeable income from other property being (a) minus (e).

NOTE 3: Th; following particulars should be given in regard to the income chargeable under the head "Profits and gains of business or profession" in a statement to bo attached with the return of income, namely :

(1) Business or profession other than share In firm or association of persons :

(i) Name in which business or profosson is carried on;

(ii) Aidress of principal place of business or profession,

(iii) Names and addresses of branches,

(iv) Nature of business or profession;

(v) Method of accounting;

(vi) Method of stock valuation; please state whether *Mcrcantile/cMh/mix<_d;

(vii) copies of manufacturing account and/or trading account [recast if necessary, to show opening stock, purchases (less return); saics (lessreturns),andclosingstock],prOfitandlossaccount/incomeand expenditure p.ccount/aryother similar accont and balance- sheet to bi attached. [If accounts have been audited, copies of audited accounts should be attached along with a copy of the auditor's report. If an audit of cost accounts of the company has b=en conducted under section 233B of the Company Act, 1956 (1 of 1956), a copy of the Auditor's report should also bo attached;] and copies of personal account of the directors;'

142 THE GAZE1TE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(h)]

(viii) additional information should be furnished by companies engaged in contract work a s under : -4

(a) If tha value of materials supplied by the person with whom the contract was made or the amount of security deposit (out of payment due for work done) retained by him, has not been included in the gross receipt shown, state heie the amounts thereof: Value of materials . Security deposits _ _ _ _- __

(b) Hasinfoi-niationregardingbuildingorsupplycontiacts been furnished to the Income-tax Officer concerned under section 2"5A? *Yes/No

(ix) Additional information to bo furnished by producers of cinematograph fllms^- •

Has statement of paym:nts to persons engaged in Lha production of cinematogiaph film's been delivered to the Income-tax Officer concerned under section 285B? *Y"/No

(2) Computation of Assessable profits or/loss from business or profession for the previous year:

1. Net profit or loss as per profit and loss account exclusive of share of profits in a firm/association of persons or body of Individuals. Add: (Deduct if the above figure is a loss).

2. Amounts debited to the P. &L. account, etc., in lespect of: (a) losses of earlier years, (b) income-tax, surtax, penalty, etc., (c) expenditure of the nature of charity or present, (d) capital expenditure, (c) expenses, allowances and payments not deductible under section 40(a), 40A(5) or (6) (give details), (f) expenses and allowances not deductible—sec. 40(c), (g) expenditure not admissible-—sec. 40A(2), (h) expendituio claimed as deduction elsewhere jn this return, (i) depreciation— cons-dcrcd separtely, (j) investment allowance, development debate and development allowance—considertd seprately (Attach Form Nos. 5 and 5A). (k) reserve or provision for bad and doubltful debts (other than provision for bad and doubtful debts referred to in sec. 16(1 )(viia) and (1) intorast credited any reserve or any fund.

3. Other expenses, etc. debited to P. & L. Account, etc., to the extent not admissible :

(a) rent, rates, taxes, repairs and insuranco picrnium of assets not used wholly for business—sec. 30/31, (b) loss on sale of assets—sec. 32(l)(iii) (give details), (c) rehabilitation allowance- sec. 33B (give details), (d) expenditure on scientific research or sums paid to scientific research associations, etc.—sec. 35 (give details), (e) expenditure on patent rights or copyrights—sec. 35A, (f) rural development allowance—sec. 35CC, (g) expenditure by way of payment to associations and institutions for carrying out rural development programmes or for training of persons for implem- enting such pogrammes—sec. 35CCA, (h) preliminaiy expenses- sec. 35D (give details), (i) expenditure on prospecting for and development of minerals—sec. 35E (give details), (j) payment of bonus to the extent not admission sec. 36(l)(ii), (k) contribution to provident, superannuation or grauily fund—sec. 36(1 Xiv)&(v), (1) proviskn for bad and doubtful debts—sec. 36(l)(viia), (m)cntertaintmcnt expenditure—sec. 37(2) and (2A), (n) exper.ditur on advertisement in any souvenir, brochure, etc., published by a pilitical party—sec. 37(2B), (o) other expenditure on advertisement and on maintenance of quest house and travelling of employees—sec. 37(3) and (4)/iules 6D and 6D, (p) adjusted expenditure on advertisement, publicity and sales promotion—sec. 37(3A) [applicable for assessment years 1979-80 and 1980-81 only], (q) expenditure incurred otherwise than by crossed cheques—sec. 40A(3)/rulc 6DD, (r) provisions made for payment of gratuity—sec. 4OA(7), (s) expenditure by way of interest in respect of deposits—sec. 4OA(8), (t) any other provision/reserve/ other expenditure not allowable under section 28 to 44D.

4. Amounts not credited to the P. &L. Account, etc.: (a) profit chargeable under section 41(1), (3) and (4) (give details),

(b) profit chargeable under section 41(2) & (2A) (give details), (c) any other chargeable profit or gain (give details).

5. Total of items 1 to 4. Deduct {.Add if the figure in item 5 is negative).

6. Depreciation commuted as per (3) below. 7. Income chargeable under heads other than "Profits and gains of business of business or profession" or income credited to P&L Account which is already charged to tax in an earlier year.

8. Deduction in respect of expenditure on scientific research/export markets development allowance, agricultural development allowance admissible In excess of amount debited to P. & L. Account, etc.—sec. 35, 35B and 35C.

9. Any other expenditure/deduction claimed under sections 28 to 44D (give details).

10. Total of items 6 to 9. 11. Balance profit/loss (5 minus 10).

3) The following particulars should b; given in a statement attached with the return in respect of depreciation allowance and investment

allowance, namely :

(i) description of assets (in respect of building, indicate whether the building is taken on lease or is owned by the assessee); (il) written down value o fexisting assets; (lii) actual cost or assets acquired during the previous year; (iv) capital expenditure on additions or alterations; (v) period of user (only where return relates to assessment year 1969-70 or any earlier year); (vi) amount of moneys nayable and scrap value in respect of assots sold, discarded, demolished or destroyed; (viii) amount on which depreciation is allowable [total of items (ii) to (iv) exclusive of amounts relating on assets referred to in item (vi)]; (viii) rate of depreciation; (ix) total number of days worked (to be furnished ony if extra shift allowance is claimed);(x) total number of days worked-double shift and triple shift (to be furnished only if extra shift allowance is claimed); (xi) depreciation claimed—(a) initial depreciation; (b) normal depreciation (incuding extra depreciation for approved hotels); (c) additional deprecation; (d) extra shift allowance— double shift and triple shifts; (xii) total depreciation (xiii) investment allowance claimed (also indicate rate); (xiv) remarks (in- dicate the amount of initial depreciation, investment allowance or development rebate allowed in respect of the asset In an earlier year).

_ _„ .

•Strike out whichever is not applicable.

143

-•. J^T!TE 4 ,—The following particulars should be given in respect of dividend iricbme and computation of income under the head "Income from other tourers" m n separate •rtatemftnt tn be attached with the return, narrflv —

Stalcincnl of Dmdcnds

(0 Name of the company, (u) number ol shares, (ui) gross amiunt of dividends, (iv) tax deducted ai source

Computation of Income

[Details should be given In respect of (i) gross income, (u) expenditure clnim3d and (lii) nst income b^ins (0 minus (li)] (a)~Dividends (b) Interest other than Interest on securities of interest chargeable as profits of business (c) other items being total of (i) hiring of machinery, plant, furniture or building- section 56(2) (ii) and (iii); (ii) profits chargeable to tax under section 59(ni) other items— give details; (d) the net income In respect of fa), (b) and (c) shall be carried to item 5(a), 5(b) and 5fc) on page 2

NOTF 5; -Before signing the declaration the signatory should satisfy himself that thi; return anJ the accompanying annexures and statements are correct and complete in all respects.

Any person maUng a false statement in this return or the accompanying annexurcs or statements shall be liable to prose- cution under section 277 of the Income-lax Act, 1961, and on convictioi be punishable :

(i) in a case where the ta\ sought to be evaded exceeds one lakhs rupees, with rigorous imprisonment which shall not be less than six months but which may extcnJ 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.

CAPITAL GAINS

General Particulars

NOTl- 6. The following particulars iegardm" income chargeable under the head "Capital gains" arising fiom the transfer of a capital aspect resulting in capital gains should be given in respect of each such assets :—

(a) Description of as->;ts: incase of immovable property, location thereof; (b) date of acquisition; (c) date of transfer;

(d) name and address of the transferee; indicate relationship or connection, if any, with the assessee.

Computation of Capital Knlni

(a) 1-ull value of consideration for the transfer; (b) Deductions (i) cost of acquisition of the market value of the asset as on 1st January, 1964-sections 49, 50 and 51; (n) cost of improvement of capital assets—sec. 55(l)(b); (iii)expcnditurc in connection with the transfer—sec. 48(1); (c) total of deduction in (b) & (d) amount of capital gains (a) minus (c).

NOTF 7;—If the assessee has any incomeby way of intrest"ontax-frecsecuritiesoranyothcrincomconwhicharcbate of tax is admis- sible, or has income which is included in the total income on which double taxation r.lief is claimed under section 90 or 91, the assessee should give details thereof in a separate statement,

NOTF K:- In the case of a Company, other than a foreign company which has not made the prescribed arrangements foi the declara- tion and payment of dividends within India, the following particulars regarding dividends declared may be furnished in a separate statement, namely ;

(a) Dateof annual general meeting before which the accounts of the previous year weie laid (if held before furnishing this return); (b) amount of dividend declared at the said general meeting; (e) amount of dividends declared, distributed or paid during the previous year—d) dividends declared at the annual general mailing held on . . . .. (ii) deemed dividends within the meaning of section 2(22): (iii) interim dividends section 3(b).

FORM NO. 2 RETURN CF INCOME For use in income-tax Office — — • — _ _ — - _ _ __ For assessees (other than companies and those INCOME-TAX ACT, 1961 claiming exemption under section 11) whose —_ — — — . —— ——— • total income includes "Profits and gains

Rule 12(lXbX0

of business or profession."

Name in block letters

Assessment year

Office address

Telephone Previous year(s) ending on

Residential address Telephone Permanent Account Number.

State whether *lndividual/Hindu undivided Slate whcthci family/firm/association of persons/body of indi- ^Resident viduals/artlficial juidicial person — — — ^— —. .

• — -_

Resident but not ordinarily resident

Non-re-.idem

If this is a levlscd return, please ^tale Ihc date of filing the previous return

123^ Gl'KO—6

144 THE C A Z E i TE OF INDIA : EXTRAORDINARY [PART II—SEC. ?(ii)]

PART I : STATEMENT OF TOTAL INCOME INCLUDtNG INCOME QF OTHER. PERSONS INCXUDlfiLE IN ASSESSfEvT TOTAL TNCOMF AND NEt" AGRICULTURAL INCOME "

HEAD OF INCOME

INCOME/LOSS (RS.)

(If nil, write 'NIL') 1 SALARIES (Sec Note 1)

2. INTEREST ON SECURITIES (See Note 2)

1. INCOME FROM HOUSE PROPERTY (ANNEXURE A)

4. PROFITS AND GAINS Oh BUSINESS (a) Share in profits of a registered firm (ANNEXURE B)

OR PROFESSION

.

(h) Share in profits of an unregistered flrm/AOP/BOT

(ANNEXURE B) ("Income/Loss from speculation business to be — „ __ . _ — „ _ — „ „ _ _ _ __ . ._ ._ ._ „ . _ ^ _ - __ stated separately against (a), (b), (c) and (d) (c) Any sum rcceivod in respect of a discontinued business or profession—Section 176

(d) Business or profession oxclusivc of items (a), (b) & (c) ("SerNotc 3)

5. CAPITAL GAINS (a) Relating to short-tenn

(ANNEXURE C) capital assets.

(b) Relating to other

capital assets*

*(i) Lands or buildings or

any rights therein

(ii) other assets

*Strike out whichever is not applicable.

6. INCOME FROM OTHER SOURCES: (Sec Note 4)

(a) Dividends

(b) Interest

(c) Other items

7. Aggregate of items 1 to 6

8. Deduct : (i) Unabsorbed losses or allowance brought forward from earlier years-

sections 32(2), 3j(4) and 72 to 78.

(ii) Investment allowance/development rebate/development allowance-

sections 32A(3)/33 (2)/33A(2)

9. GROSS TOTAL INCOME

10. Leis : Admissible deductions : (ANNEXURE D)

11. TOTAL INCOME (as rounded off to the nearest multiple of ten rupees—Sec. 28SA)

(a) in figures

(b) in words

12 NET AGRICULTURAL INCOME (Soe Note 5)

13 Income included in items 1 to 6 being income arising to spouse/minor child/son's wife/son's minor child or any other person as referred to in Chapter V of the Act,

145

PART II, STATEMENT OF TAXFS

TAX ON TOTAL INCOME

(Attach a statement showing computation of ta\ payable on total income)

PRE-ASSESSMENT TAXES

A. TAX DEDUCTED AT SOURCb

(Attach certificates)

1. Salaries

2. Interest on secunties

3. Othei interest

4. Dividends

• • • 5. Any other income

(Please specify)

— — • --

TOTAL Rs

B. ADVANCE TAX

(Attach challans)

Date of payment

Amount

C. TAX OR SELF- ASSESSMENT

TOTAI Ri. —

(Attach challans)

Date of payment

Amount

TOTAL OF A, B and C

PART 111. PARTICULARS OF INCOMI-- CLA1MFD TO BE EXEMPT FROM TAX AND NOT INCLUDFD FN PART I Particulars

Amount Reasons why

not Taxable

PART IV STATEMENT REGARDING DEFAULTS IN FURNISHING THF RETURN OF INCOME OR PAYMENT OF ADVANCE TAX OR COMPU1 SORY DEPOSIT

1. If there has been delay in furnishing; the return of income within the stnlutoiy time limit, please *Ycs/No indicate whether the application m form No. 6 has been liled.

2. If yes, please state the date of application and receipt number. — — ——

3. If there has been a default in furnishing the ret urn of income or in payment of advance tax (or the com- pulsory deposit), the reason; therefor shiuld b; given in a separate statement to be attached wilh the return.

VERIFICATION (See Note 6)

f,

(Name in full and block Ietteis)*son/ daughter/wife of. solemnly declare thit to the best of my knowledge and belief, the information given in this return and the armexurcs and statements accompanying it is correct and complete and that the amount of total income and other particulars shown therein, arc truly stat:d and relate lo the previous yeai(s) relevant to the assessment year IS>—.

I further solemnly declare that during the said pic\ious year(sj—

(a) no othjr income accrued oi arose to or was received by me from any asset held in may name or in ihc name of any othci person;

(bl there is no other income, including income ol any othci peison in aspect oi' which I am ehtugcable to tax undei the Income-tax Act, lybl

"Strike iut whichever is no! applicable

146 THE G A Z M TE OF INDIA : EXTRAORDINARY [PART I I —S EC 3(ii)]

*l further solemn)) declare that during the said previous year(s)—

(a) no other income accrued or arose to or was received by *lhe person for and on whose behalf this return is furnished/the person in respect of whose total income I am assessable, from any asset hekl in ihc 'name of the person for and on whose behalf this return is furnished/the name of the person in respect of whose total income 1 am assessable, or in the name of any other person;

(b) there is no other income including income ol'any other person in rcspcci of which the said person is chdigcahle- to tax under the Income-tax Act, 1961.

I further declare that lam making this return in my capacity as

(designation)

and tlut I am competent to make this return and verify it.

(Signature) Place

Date

"•"Strike out whichever is not applicable.

ANNEXURE A (Sec Note 7)

COMPUTATION OF PROPERTY tNCOMF

1. Net chargeable income from self-occupied property.

2. Net chargeable income from other property.

3. Total net chargeable income carried to item 3 of page I.

ANNEXUREB

PROFITS AND GAINS OF BUSINESS OR PROFESSION

Share from a firm, association of persons or body of individuals.

Business (other than Speculation speculation) and business (.A) Registered (inns

profession

1. Amount of share in profit/loss

2. Deduct (Add, if the above figure is a loss)

Expenses claimed (Give details)

3. Nei profil/loss, carried to item 4(a) on page 1.

(B) Unregistered firms/associations of persons/bodies of individuals.

1. Amount of share in profit/Joss

2. Deduct (Add, if the above figure is a loss)

Expenses claimed (Give details)

3. Net piofit/Ioss carried to item 4(b) on page 1

ANNEXURE C CAPITAL GAINS [Sec Note 8]

Capital gains relating to short-term capital assets

Loss : Amount exempt under section 53, 54, 54B or 54D

Net amount carried to part (a) of item 5

Capital gains relating to capital assets other than short-term capital assets,

Less : Amount exempt under section 53, 54, 54B, 54D or 54JE

Add • Amount deemed in he income changeable under the head '"Capital gains" Set,. *>4i-(2) Balance

Net amount cai ried to part (b) of item 5

147

ANNFXURLD DEDUCTIONS [Sec Nole 9]

—

Particular

Giovi imount

Amount ol deduction

Qualifying amount

4 1

2

Payments on which deduction u's HOC is availibk

1

(i) Piovidcnt Fund

(u) Life insurance premium

(in) Oihcrs (Please specify)

•> Donations to which section HOG applies

1 Piolils and gains fiom newly established tudusttial unicu ikincs oi hotel o ISITI s= in backwaid areas —section SOHH

4 1'ioriis and guns from newly established small-scale industrial undci taking in certain areas—section SOHH A

5 Profits und guns fiom newly established irtlu"-fnil and itikm;; ship or hotel business -section 80 1

6 Prodis and gains from business of livestock brcc ling p mill s ni dairy fanning—so-iion 80JJ

7 Prolits and guns fiom biijincss of growing mushrooms - -ec'lion 80JJA

Inco ric on whn.li deduction undei sccUou SOL i availahle

8

(i) Interest on sec unties

(ii) Bank lntcic.l

(in) Dividend on slimes

(iv) Others (Please spcutv)

9 Other deductions, il any (Give details)

Total Amount of deduction earned to item 10 on pace 2

148 THE GA2LT1E OF INDIA : EXTRAORDINARY [PART I I —S I C. 3(]L)J

8. if the assessee is liable to deduct tax at source under section 192, 193, IMA, I94B, 194BB, 194C, 194D or 19.<, please furnish the in- formation on the following points :—

(i) The amount of tax deducted ;it source,

00 Whcthei such tax h,<; been paid to the Central Government,

(iii) Whether the prescribed returns have been furnished to the ITO concerned.

NOTE I. The income chargeable under the head "Salnries" should be computed in ihc manner indicated below in a statement to be attached with Ihc return, namely : —

(1) Salaiy including arrears or advance of salary, bonus, wages, fees, commission, pension (including commuted value of pension) annuity and gratuity due, paid or allowed during the previous year, to the extent these are not exempt from tax. (2) Other cash allowances/payments, to the extent these arc not exempt from tax—(a) House real allowance (b) Con- \eyance allowance (c) Entertainment allowance (d) Other items; (give details) (e) Total of items (a) to (d), (3) Value of perquisites provided b> employer : (a) Kree or concessional accommodation—sec. 17(2)(i) & (ii); (b) free or concessio- nal beneiit/amenities—sec. 17(2) (iii) (See Note bclowl e.g. (i) Conveyance—rule 3(e); (ii) Gas, electricity and water-rule 3(d); (iii) domestic or personal services; (iv) persona) travelling, (v) any other items (give details); (vi) total of item* (i) to (v); (c) paymen's by employer in respect of obligation of assessee (including children';, education, income-tax, etc.) mid sums payable by employer ior the life insurance or annuity—;ec. 17(2) (iv) &(v); (d) total of (a), (b) and (c); (4) Pro- Ins in lieu of or in addition to salary ot wages and any other income chargeable under the head "Salaries" (give details); (5) Tota1 of items (1) to (4); (6) Deductions in respect of ; (a) standard deduction : sec. 16(i); (b) Entertainment allowance; sec. I6(ii); (c)Total of sub-items (a) &(b); (7) Net Income assessable under the head "Salaries"'carried to item 1 on page 1.

NOTE : Ftcm 3 (b) to be tilled in only by Directors, cimloyixs having a subi'jntial interest in the employer company and otlur employees whose income under the head "Salaries" exclusive of non-monetary benefits/amenities) exceed Rs. IS,()00.

NOTL 2. The following particulars and computation of income chargeable under the head "Interest on securities" should be furnished in a statement attached with this return, namely :

General particulars

(i) Particulars of secunlics (n) lace value (ni) gross amount of interest due oi recched during the }car (give separate details i:fi.udinK Government securities, and di b;ntun.s and othci securities) (iv) amount of tax deducted .it source l\) ic-n irks, eg , in the case of a tax-free security enter the words "Tax free" in this column.

Computation of Income

[To be given separately for Government securities, and debentures and other securities!

(i) Gross amount due or rec i\ed [fiom ilcn (iii) of the general particulars] (ii) Less : (a) expenses for realising interest- sec. iy(i) and (b) interest on moneys borrowed—sec. 19(ii); (iii) Net amount of interest on securities carried to item 2 on page 1 being (i) minus (lij.

NOTt 3. The following particulars should be given in regard to the income chargeable under the head "Profits and gains of business or profession" in a statement to be attached with the return of income, namch :—

(1) General Particulars

(i) Name in which business or profession is carried on; (ii) address of principal place of business or profession, (IP) name and address of branches; (iv) nature of business or profession; (v) method of accounting, please state whether Mercan- tile/Cash/Mixed and (vi) method of stock valuation.

(vii) If regular books of account arc maintained, copies of—

(a) manufacturing account, trading account, profit and loss account oi income and expendituie account oi any other similar account and balance sheet;

(b) in the case of—

(i) a proprietary business or profession, the personal account of the proprietor:

(if) a firm, association of persons or body of individuals, personal accounts of the partners or members;

(iii) a partner or member of a firm, association of persons or body of individuals, his personal account in the firm, association of persons or body of individuals;

(c) where the accounts of the assessee have been audited copies of the audited profit and loss account and balance sheet and the auditor's report.

(viii) If regular books of account are not maintained, attach a statement indicating the amounts of turnover or gross receipts, gross profits, expenses and net profit of the business or profession and the basis on which such amounts have been com- puted and disclosing the amounts of the total sundry debtors, sundry creditors, stock-in-trade and cash balance as at the end of the previous year.

(ix) Additional information to be furnished by assessees engaged in contract work.

(a) If the value of materials supplied by the person with whom the contract was made or the amount of security deposit (out of the payment due for work done) retained by him has not been included in the gross receipts shown, state here the amount thereof- Value of materials Security deposit

149

(b) Ha? information regarding building or supply contracts been furnished to the Income-tax Officer concerned under section 285A

'

*Yes/No

U) Additional information to be furnished by producers of cinematograph films.

Has statement of payments to persons engaged in the production of cinematograph films been delivered to the Income-tax Officer concerned under section 285B ?

*Yes/No

(2) Computation of Assessable Profit/Loss from business or Profession for the previous year :

1. Net profit or loss as per P&L Account, etc., exclusive of shares in profits of a firm/association of persons or body of individuals.

Add (Deduct if the above figure is a loss)

2. Amounts debited to P&L Account, etc. in resp ct of (a) losses ol'eailicr year(s), (b) income-tax, penalty, etc. (c) pcsonal expenditure including charity and presents, (d) capital expenditure, (e) expenses, allowances and payments not deductible under section 40(a), 40A(S) or (6) (give details), (f) interest, salary, etc., to partners-sec. 40(b), (g) expenditure not admissible under section 40A(2), (h) expenditure claimed as deduction elsewhere in this return, (•) depreciation—considered separa- tely, (j) investment allowance, development rebate and development allowance considered separately (Attach Form Nos. 5 and 5A), (k) reserve or provision for bad debts, (1) interest credited to any reserve or any fund.

3. Other expenses, etc., debited to P. &. L. Account, etc., to the extent not admissible :

(a) rent, rates, taxes, repairs and insurance premium of assets not used wholly for business—sec. 30/31, (b) loss on sale of assets-sec. 32(l)(iii) (give details), (c) rehabilitation allowance-sec. 33B, (give details), (d) expenditure on scientific research or sums paid to scientific research associations, etc. —sec. 35 (give details), (e) expenditure on patent lights or copyrights—sec. 3 JA, (f) rural development allomance—sec. 35CC, (g) expenditure by way of payment to asso- ciations and institutions for carrying out rural development programmes or for training of persons for implement- ing such programmes—sec, 35CCA, (h) preliminary expenses—sec. 35D (attach Form No. 3B), (i) expenditure on prospecting for and development of minerals—sec. 35E (attach Form No. 3B) (give details), (i) payment of loans to the extent not admissible—sec. 36(lXii), (h) contribution to provident, superannuation or gratuity fund—sec. (1) (iv) & (v), (1) entertainment expenditure—sec. 37(2) and (2A), (m) expindituro on advertisement in any souvenir, brochure, etc., published by a political party—sec. 37(B) (give details), (n) other exenditure on advertisement and on maintenance of guest houses and travelling of employees—sec. 37(3) and (4)/rules 6B and 6D (give details), (o) adjusted expenditure on advertisement, publicity and sales promotion—-sec. 37(3A) (give details) [applicable for assessment years 1979-80 and 1980-81 only], (p) expenditure incurred othrwise than by crossed cheques-sec. 40A(3)/rule 6DD (give details), (q) provisions made for payment of gratuity—sec. 40A(7), (r> any other provision/ reserve/other expenditure not allowable under section 28 to 44C.

4. Amounts not credited to P & L Account, etc. (a) profit chargeable under section 41(1), (3) and (4) (give details), (b) profit chargeable under section 41(2) and (2A) (give details), (c) any other chargenble profit or gain (give details).

5. Total or items 1 to 4.

Deduct: (Add if the figure in itom 5 is negative)

6. Depreciation computed as per (3) below.

7. Income chargeable under heads other than "Profits and gains or business or profession or income already charged to tax in an earlier year credited to P & L Account, et;.

8. Deduction in respect of expenditure on scientific research/export markets development allowance/agricultural develop- ment allowance admissible in excess of amount debited to P & L Account, otc—sees. 35, 35B and 35C.

9. Any other expenditure/deduction claimed under sections 28 to 44C (give details).

10. Total of items 6 to 9.

11. Balance profit/loss (5 minus 10).

(3) The following particulars should be given in a statement attached with the return in respect of depreciation jllowance and investment allowance, namely: (i) description of assets (in respect of building, indicate whether the buildlncc is taken onleaseor is owned by the assessee); (il) written down value of existing assets; (iii) actual cost of assets acquired during the previous year; (iv) capital cxpendituic on additions or alterations; (v) period of user (only where return relates to assessment year 1969-70 or any earlier year); (vi) amount of moneys payable and scrap value in respect of assets sold, discarded, demolished or destroyed; (vii) amount on which depreciation is allowable [total of items (li) to (iv) exclusive of amounts relating to assets referred to in item (vi)] (viii) rate of depreciation; (ix) total number of days worked (to be

•Strike out whichever not applicable

150 THE GAZET1B OF INDIA : EXTRAORDINARY [PARr IL—SEC. 3(iij]

- - ' • • •' famished only if extra shift ultowance is claimed); M total number bf i<^s worked-^abVfcle^'ft and triple shi#

NOTE 4. Ths following particulars should b; given in resp;;t or dividend in:om; and computation of income cha'geable under the head "Income from other souivss" in a separate statement to be attached with the return, namely :

Statement of dividends

(i) Name of the company; (") number of shares; (iii) gross amount of dividends; (iv) lax deducted at source

Computation of income

[Retails should lie given in respect of (i) gross income (ii) expenditure claimed and (iii) net income being (i) minus (ii)]

fa) Dividends; (b) Interest other than interest on securities or interest chargeable as profits of business; (c) other items being total of (i) value of benefit or perquisite—sec. 2(24) (iv); (ii) value of benefit or perquisite in the case of a beneficiary or trustee of a trust—sec. 2(24) (iva); (iii) winnings from lotteries, crossword puzzles, races etc. -section 56(2) (ib); (iv) hiring of machinery, plant, furniture or buildings—sec. 56(2) (ii) & (iii); (v) annuity or its commuted value—sec. 280D; (vi) profits chargeable to tax under section 59; (d) the net income m respect of (a), (b) and (c) shall b- carried to item 6(a), 6(b) and 6(c) on page 2.

NOTE 5, The not agricultural income hns to be computed in accordance with the rules in the relevant Finance ^ct in the following manner, namely :—

(a) Rent or revenue derived from land used for agricultural purposes, (b) income fiom any building required as a dwelling house by the cultivator, etc. (c) other agricultural income not being Income from sale of \ea referred to in item (d); (d) sixty per cent, of the income from sale of tea grown and manufactured in India; (e) share of agricultural income from registered firm/unregistered firm/association of persons, etc., computed in, accordance with the rules for computation of net agricultural income in the relevant Finance Act; (f) aggregate of items (a) to (e) (subject to adjustment of losses in accordance with the rules for computation of net agricultural income in the relevant Finance Act); (g) less : Agricultural income-tax payable to the State Government on the agrirultraj income of the previous vcar; (h) net agri- cultural income being (f) minus (g) carried to item 12 on pago 2.

NOTE 6, Before signing the declaration, the signatory should satisfy himself that the return and the accompanying annexures and state- ments are correct and complete in all respects,

Any person making a false statement in this return or the accompanying annexures or statements shall be liahle to proseculion under section 277 of the Income-tax Act, 1961 and on conviction be punishable—

(i) 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 yean and with fihe;

(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.

NOTE 7. The following particulars/computation of income chargeable under the head "Income from house property" for each house property may be furnished in a statement attached with this Return, namely :—

I. SELF—OCCUPIED PROPERTY

General Particulars,

(a) Location of property; (b) Annual municipal valuation.

Computation of income

(a) Amount for which the property might reasonably be expected to let from year to year -sec.-23(1); Or) municipal taxes- • first proviso to section 23(1); (c) balance being (a) minus (b); (d) if property owned by co-owners, such co-owners' share in (c); (e) balance being (c) minus (d); (0 deduct one half of the balance at (e) or Rs. 1800, whichever is less; (g) the amount arrived at by deducting (0 from (e) being limited to ten per cent of the gross total income exclusive of Income relating to sclf-o;cupied prop-rty—proviso to sec. 21(2); (h) deduction for property neither let nor occupied (applcabl- where the assessec owns one residential house only}—sec. 23(3); (i) annual value of self-occupied property; (j) deductions; (i) Repairs l/6th of the annual value—sec. 24(1) (i); (ii) insurance—sec, 24(1) (ii); (iii) ground rent -sec. 24(1) (iv); (iv) interest on borrowed capital—sec. 24dXv); (v) land revenue etc. —sec. 24(1) (vi); (vi) irrecoverable rent for earlier years—sec. 24(1) (ix); (k) total of deductions; (1) Net chargeablo income from self-occupied property being (i) minus (k).

150/1

ir. I N C O ME r u o iu o n i cH r i t o i 'i K IY ( r u o ii P K O PI m\ I

General Particulars

i.x) Livjtion of the properly; (It) Annual municipal valuation.

Computation of Income

(a) \mounl for whic'i the prop:rly might reasonably be expected to let from year to year or where properly is let and the annual rent received or receivable exceeds the said amount, such rent—sec. 23(1); (b) Deductions : (i) amount of muni- cipal taxes borne h> the owner—1st proviso to sec. 23(1)—(ii) allowance for newly constructed property -2nd proviso to --cc. 23( I) (c) annual value being (a) minus (b); (d) deduction : (i) Repairs l/6th of the annual value— sec. 24(l)(i)— (ii) insurance -sec. 24(1) (ii); (iii) interest on mortgage or capital charge—sec. 24(lXiii); (iv) annual charge—sec. 24(1) (iv); (v) ground rent—sec. 24(1) (v); (vi) interest on borrowed c.ipital—sec. 24(1) (vi); (vii) )and revenue sec, 24(1) (vii); (viii) collection charges limited to 6"^ of a n nun I value at (c)—sec, 24(1) (viii); (i\) vacancies- -se". 24(1) (ix); (x) irreco- verable rent—sec. 24(1) (x) and rule 4; (e) total of deductions in (d); (0 net chargeable income from other property heins fa) minus fc).

NOTE S.

CAPfTAL GATNS

Genera) Particulars

The following particulais regarding the income chargeable under the hc.id '"Capital gains" arising from the transfer of the capi- tal assets resulting in capital gains should be given in respect of each asset :

(ii) Description of asset; in case of immovable property, location thereof; (b) date of acquisition; (c) date of transfer; (d) name and address of the transferee; indicate relationship or connection, if any, with the asscssee.

Computation of Capita' (Jains

(a) Full value of consideration for the transfer; (b) Deductions : (i)cost of acquisition or the mi r Vet value of the asset as on 1st January, 1964- -sec, 49, 50 & 51; (ii) cost of improvement of capital asset—sec. 5?( 1) (h); (iii) expenditure in con- nection with the transfer—sec. 4N(i); (c) total of deductions in (b); (d) amount of capital gains (a) minus (c).

If the asscssce has cluimd any exemption of capital gains under sections 53, 54, 54U and 54D or 54E, a statement should be attached giving particulars of the fulfilment of the conditions specified in the relevant section for the exemption.

NOTE 9. 1 f the assessee has any income by way of interest on tax-free securities or any other income on which a rebate of tax is admi- ssible, or has income which is included in the total income on which double lax'tion relief is claimed under section 90 or 91, the assessec should give details thereof in n separate statement.

NOTE 10. Where a deposit has been made under (he Compulsory Deposit Scheme (Income-tax Payers) Acl, 1974 for the assessment year, the receipt issued by the deposit office should be forwarded along with the return.

FORM NO. 1 RETURN OF INCOME

INCOME-TAX ACT, 1961. for assessees (other than companies and those deriving income For use in Income-lax Office from property held for charitable or religious purposes claiming RULF 12(1) (b) (iii) exemption under section 11) whose total income does not include

"Profits and gains of business or profession."

Name in block letters

Assessment year

Office address

Telephone Previous Year(s)

ending on

Residential address

Telephone Permanent Account

Number

State whether

State whether •Individual/Hindu undivided family/firm'assoeiation of persons/body of '•'Resident individuals/artificial juridical person.

— —

Resident but not ordinarily resident

Non-resident

If this is a revised return, ple.se state the date of filing the previous retuin :

*Strike out whichever is not applicable.

1232 G1/K0-7

1tt>/- THE GAZETTE Or1 TNDJA : EXTRAORDINARY | ^ , ru IT—SEC. ^(h)]

I'ARI J . STAIJrMfcNI Of- 1OIAL INLUMJ. INCLUDING JNCOML OJ- O1JHLK PERSONS INLLUDIHLfc IN 4SSJSSL-I-S TOTAL INCOME AND NFT AGRICULTURAL INCOME

Heail of Income

Income/Loss (Rs.) (Tf nil, write NIL)

1. SALARIES (AMNF.XURE-A)

2. INTERFSTjON SECURTTTFS (Sec Note 1)

3. INCOME IROM HOUSE PROPFRTY (ANNEXURE-B)

4 CAPITAL GATNS

(ANNEXURF-C) (A) Relaling to short-term capital assets.

(b) Relating to other capital assets*

* (i) lands or buildings oi any rights therein

fii) Other assets

5. INCOME FROM OTHER SOURCES

(a) Dividends

(b) Interest

(c) Other items

(Sec Note 2)

6. Aggregate of items 1 to 5

7. Deduct : Unahsorbed depreciation allowance brought forward from earlier jears relating lo

machineiy, plant oi furniture or building let on hire.

H. GROSS TOTAL INCOME

y. Less • Admissible deductions. (ANNEXURE-D)

10. TOTAL INCOME (as rounded oil' to the nearest multiple of ten rupees -sec. 288A).

(a) in figures

(b) in words

11. NFT AGRICULTURAL INCOMF (SeeJNote 3)

11 Income included in items I to 5 being income arising to spouse/minor child/son's v-ife'son's minor

child or any other person as referred lo in Chapter V of the Act.

PART II. STATEMENT OF TAXFS

1 AX ON TOTAL INCOME

[Attach statement showing the computation of 'a\ on total income]

PRF.-ASSESSMENT TAXES

A. TAX DEDUCTED AT SOURCE

(Attach certificates)

1. Salaries

2. Interest on securities

3. Other interest

4. Dividends

5. Any other items

(Please specify)

TOTAL Rs.

• -linLt. out whichever is not applicable.

150/3

B^ ADVANCE TAX

(•XUachchalans) Date of payment

Aunuinl

TOTAL Rs.

C. TAX ON ShLF ASSFSSMENT

(Attach chalans) Date of payment

AnioiiiiL

Ks.

TOTAL OF A, B, Jk C.

PART III. PARTICULARS OF INCOME CLAIMED TO BE EXEMPT FROM TAX AND NOT INCLUDED IN PART f.

Particulars

Amount Reasons why not

Taxable

PART IV. STATEMENT REGARDING DtFAULTS TN FURNISHING THE RF_TURN OF INCOME OR PAYMENT Oh ADVANCL TAX OR COMPULSORY DEPOSIT

1. If there has been delay in furnishing the return of income within the statutory time limit, please indicate

whether the application in Form No. 6 has been tiled 7

*Yes/No

2. If yes, please stale the dale of application aiid receipt number,

-_

3. If ther^ has, been a default in furnishing the return of income or in payment of advance lax or the com-

pulsory deposit, the reasons theiefor should be given in a separate statement to be attached with the return.

VERIFICATION (See Note 4)

1

(Name in full and in block lettors) *i,on/daughter/uifc of solemnly declare that to the best of my knowledge and belief, the information given in this return and the annexures and statements accompanying it is coirect and complete and that the amount of total income and other particulars shown therein arc truly stated and relate to the previous ycat(s) lelevant to the assessment year 19

1, further solemnly declare that during the vtid picvious yeari-.)—

(a) no other income accmed or aiose to or was received by me fiom any asset held in my name or in the name of any other person;

(b) Ihcie is no other income, including income of any othei persons, in respect of which I am chargeable to tax under the Income- tax Act, 1961.

•I further solemnly declare that during the said previous ycar(s)—

(a) no other income accrued or arose to or was teceived by "'the person foi and on whose behalf (his ictui n is fin nished/ the per son in respect of whose total income 1 am assessable A om any asset held in *the name of the pci son for and on whose bchalt this return is furnished/the name of the person in respect of whose total income I am assessable, or in the name of any othei pel son;

(b) there is no other income, including income of any other person, in respect of which (he said pcison is chargeable lo tax 'undei the Income-tax Act, 1961.

*I further dcclaie that I am making this return in my capacity ;is

. . and that 1 am competent

(Designation)

to make (his reiurn and vci if> it.

(Signature) Place

Dale

*Strike out whichever is not applicable.

150/4 THE GAZETTE OF INDIA : EXTRAORDINARY LPART 11—SFC j ( i i )l

ANNEXURE A -SALARIES

PART I

COMPUTATION OF INCOME FROM SALARIES RECEIVED 1 ROM GOVERNMENT

Salary including arrears or advance of salary, bonus, wages, fees, pension including commuted value of pension, annuity and gratuity due, paid or allowed during the previous year and house rent allow- ance or other cash allowance/payments and perquisites to Ihc extent these are not exempted from tax.

Less :

(i) Standard deduction : Sec. 16 (i)

. _ (ii) Entertainment allowance ; Sec. 16(ii) -• -~

TOTAL

Net Income assessahle under the head "Salaries" carried (o item I

on page 1.

PART IT

COMPUTATION OF TNCOME FROM OTHER SALARlhS

1. Salary including arrears or advance of salary, bonus, wages, fees, commission, pension (including commuted value of pension), annuity and gratuity due, paid or allowed during the previous year, to the extent thes'.-are not exempted from tax.

.

..

2. Other cash allowances/payments, to 1hc extent these are not

exempted from tax.

(a) House rent allowance —

(b) Conveyance allowance

(c) Entertainment allowance

(d) Other items :

(Give details) — .—-

.

TOTAL

3. Value of perquisites provided by employer :

(a) Free or concessional accommodation—Sec. J7(2)(i)

& (ii).

(b) Free or concessional benefits/arm nities—Sec. 17(2)(iii) (see Note

below) e.g.

(i) Conveyance- rule 3(c)

(ii) Gas, electricity and water—rule 3(d)

(iii) Domestic or personal services

(iv) Personal travelling

(v) Any other items (give details)

(c) Payments by employer in respect of obligations of assessee (inclu-

ding children's education*, income-tax etc.) and sums payable by employer for life assurance OL annuity— Sec. 17 (2) (iv) & (v)

Total of (a), (b) and (c)

4. Profits in lieu of or in addition to salary or wages and any other In-

come churgeable under (he head "Salaries". (Give details).

5. Total of items 1 to 4

150/5

d.iDeduclions in respect of :

fa) Standard deduction : Scc.l6(i)

(b) Entertainment allowance : Sec. 16(ii)

Total of sub-items (a) & (b)

7. Net income assessable under the head "Salaucs" carried to item 1 on

page 1.

NOTE: Ilem }(b) to b^: tilled in only by directors, employee? having a substantial interest in the employer company and othur em- ployees whose income under the head -'Salaries" (excluding non-monetary benehls/amenities) exceeds Ks. 18,000.

ANNEXURt B [Sec Note 5]

COMPUTATION OF PROPERTY INCOME

1. Net chargeable income from sell-occupied property.

2. Net chargeable income from other properly.

3. Total net chargeable income carried to item 3 on page I,

ANNEXURE C : CAPITAL GAINS [See Note 6]

Capital gains relating to short-term capital assets

Less: Amount exempt under Sections 53, 54 or 54U . ..

Net amount earned to pan (a) of item 4 on page 2

Cipilal gains relating to capital assets other thin sh irt-term capital assets-

Less : Amount exempt under Sections 53, 54, 54B or J4E

Balance:

Add : Amount deemed to be income chargeable under the head "Capital gains"

Sec. 54E(2)

Net amount carried to part (b) of item 4 on page 2

ANNEXURE O ; DEDUCTIONS [Sit Note 7]

PARTICULARS

Gross Amount Qualifying Amount of

amount deduction

1. Payments on which deduction under Section 80C is tivailablc :

(i) Provident fund

(n) Life Insurance premium

(in) Others (please specify)

2. Income on which deduction under Section SOL is available .

(i) Interest on securities.

(ii) Bank interest,

(in) Dividends on shares

(lv) Otheis.

(Please specify)

3. Donations to which Section 80G applies.

4. Olhoi deductions, il'unv (Give ddnils).

Total amount of deduction earned to ilem 9 on page 2.

150/6 THI. G A Z E I lh 01" INDIA : EXTRAORDINARY [PART I I —S EC J(ii)J

ANNKXliRK li : SI VI KMENT OF OTHER PARTICULARS TO BE FURNISHED UNDER SECTION 133 139

1. IN THE CASE Oh AN INDIVIDUAL :

(i) Stale whether a citizen of India.

(ii) If a member of K Hindu undiv ided family give the name and address of the family.

2. IN THE CASE Ol- A H I N DU UNDIVIDED F A M I I A, whcthci the family has at least one member whose total income assessable for the assessment year exceeds ihe n u u m um amount which is uol chargeable to income-tax? If the reply to this question is in the negative, please attach declaration lo this effect from all mernbeis of the Hindu undivided family.

.1. IN THE CASF Ol A FIRM/AOP/BO1, attach a statement showing the names and addresses of partners (including minors admitted lo the benelits of partnership), mcmbeis, their individual shares and inter M' relationship, if any.

4 IN THE CASE OF A PARTNER/MLMBER OF A F1RM/AOH/BOI,

attach a statement showing the name and address of the tirm/\OP/BOI and the names', addiesses and individual shares of each panner/mcmbei.

5. IN THL CASF OF A TRUSTI-I- Of OR G U A R D I AN OK AGL'NT

FOR any other pcison(s), attach statements showing the names and addresses of

such other persons.

NOTF 1. The following particular and computation of income chargeable utidci the head "Interest on securities" should be furnished in a statement attached with this return, namely:—

General particulars-

(i) Particulars of securities; (n) lace value, (lii) gross amount ol' interest due or received during the year (give separate details rcg-uding CioveinmeiU Securities and debentures and other securities); (iv) amount of tax deducted at source; (v) Rcmaiks. e.g., in the case of a tax-free security entei the woid '"Ta\-free in" this column.

Computation of Income:

[To be given separately foi Government secuiiiies and debentures and other securities].

(i) Ciioss amount due or received [from item (in) of the gcncralparticulars] (ii) Lcs; (a) expenses lor realising interest—sec. 19(i); (b) interest c\n inonevs borrowed sec. l'J( ii), (c) net amount of interest on securities carried to item 2 on page 1 being (U miim\ (ii).

NOTE 2. The following particular should be given in respect of dividend income and computation of income chargeable under the head "Income from other souiccs" in a separate statement to be attached with the return, namely: -

Statement of dl\ IdenriV

(i) Name of the companv ; (n) number of shares; (in > gross amount of dividends; (iv) tax deducted at source.

Computation of income:

[Details should be given in respect of (i) gross income, (n) expenditure claimed and (iii) net income being (i) minus (ii)]

(a) Dividends; (h) Interest other than interest on secuutics or inteiesl chargeable as profits of business; (c) other items being total of (i) value of benefit oi perquisite —sec 2(24) (iv); Tin value of benelit o\' perquisite in the case of a beneficiary or trustee of a trust—,ec.2(24) ( n a ); (iii) winnings from lotteries, crossword puzzles, racus e t c- sec. 56(2) (lb); (iv) hiring of machinery, plant, furniture or buildings- s^e. 56(2) (ii) & (iii), (v) annuuv or its commuted value—sec. 28OD; (vi) profits chargeable to lax under section 59; (d) the net income in respect of (a), (bj and (c) shall be earned to items 5fa), 5(b) and 5(c) on page I.

MOTH 3. The net agrioultuiaJ income has to be compiit'.-d in accordarcc with the IUICS in the relevant Finance Act in the following manner, nam:ly : -

(a) Rertt or revenw derived from land used for agriculluial purposes; (b) income from any building requiicd us a dwelling house by the cultivator, etc (c) other agricultural income not being income from sale of tea referred to in item (d); (d) sixty per cen(. of the income fiom sale ol'lea grown and manufactured in India; (e) share of agricultural income from registered firm/ unregistered firm association of peisons, etc , computed in accordance wilh the rules foi computation of net agricultural income in the relevant I inancc Ac(; (f) aggregate of items (a) to (e") (subject to adjustment of losses in accordance vvith the rules for computation of net agricultural income in the relvant Finance Act); (g) less ; Agricultural income-tax r&yablc to the Stale Government on the agricultural income of the previous year; (h) net agricultural income being (f) minus fg).

NO'IE 4. Before signing the declaration, the signatory should satisfy himself that the return and the accompanying annexures and state- ments are correct and complete in all respects.

Any pcison maUnir a false statement in this retm n oi tlie accompanying annexuics or statements sh.ill be liable lo pioso.uiion under section 277 of the T.T. Act, 1%|, and on conviction be punishable—

150 7

(i) in,i case vvhcie the tax sought to be evaded exceed ^ one I iklt uipci with ngoious impiisonmcnt winch sluill j ot 1 e less than six months but which ma\ extend to seven years and with hne

(n) in am othei case, with rigoious imprisonment which shall not he less than three months but which niav extend 1o three veais and with fine

NOFF > The following particulats computation ot income chargeable under the head 'income from house propertv" for each hou"e propei t\ ma) be furnished in a statement attached with this return, nameh

1 SFIF-OCCUPILD PROPERTY

General particulars

(a) I ocition of property, (b) Annual municipal valuation

C omputation of income

(a) Amount for which the propeit) might reasonably be ex| ccted to let-from \ear to year-sec 23( 1), (b) municipal taxes- first proviso to sec 23(1), (c) balance being (a) minus (b). (d) if pj opcrtv owned by co-owerns. such co-owners" share in (c) (e) balance being (c) minus (d), (f) d' duct one half of the balance at (;) or Rs 18 00, whichever is less, (g) the amount armed at by deducting (f) from (e) being limited to ten per cent of the gross total income exclusive of income relating to self-occupied property —proviso to sec 23(2), (hj deduction for property neither let nor occupied (applicable where the assessee owns one residential house only) sec 23(3) d) annual value of self-occupied property (j) deductions (i) Repairs I 6th of the annual value— sec 24(1 )(i), (n) insuiance—sec 24(l)(u) (in) inteiest on mortgage or capital cha ge sec 24O)(ni) (upto asse^ment >ear 196S-69), (iv) annual charge—sec 24(l)(iv) (vi) ground rent—sec 24(1 )(v), (vi) interest on borrowed capital—sec 24(l)(vi). (vnj land revenue, etc- sec '>4(l)(vii),(\in)iriecoverablerentfoi earlier years—sec 24(1 )(x), (k) total of deductions, (1) Net chargeable income from self- occupied property being (I) minus (k)

[T TNCOME FROM OTHFR PROPERTY (LET OUT PROPERTY)

General Particular

(a) Location ot the property, (b) Annaul municipal valuation

Computation of income

(a) Amount for which the property might reasonably be expected to let from yeai to year or where property is let and the annual rent received or recenable exceeds the said amount, such rent—sec 23(1), (b) Deductions (i) amount ot municipal taxes borre by the owner 1st proviso to sec 23(1) (a) allowance for newly constructed property— 2nd piovico to sec 23(1) — (c) annual value being (a) minus (b), (d) deduction (i) Repairs 1 6th of the annual value sec 24(1)0) (n) insurance- sec 24(1)(u), (m) mtersest on mortgage or capital charge—sec 24(1) (in) (upto assessment vear 1968-69), (iv) annual charge—sec 24(1) (rv), (v) ground rent—sec 24(1)(\); (vi) interest on borrowed capital—sec 24(l)(\i), (\n) land revenue, etc—sec 24(1) (vii), (\m') collection charges limited to 6"o of annual \alue at (c)—sec 24(1) (vm), (IX) vacancies—sec 24(1)— (ix) (x) irrecoverable rent sec 24(I)(x); (e) total of deductions in (d), (f) net chargeable income from other property being (c) minus (e)

CAPITAL GAINS

N O TF 6

General particulais

The following particulars regarding the income chargeable under the head ' Capital gams ansmg fitm the transfer of the capital assets resulting in capital gains should be given in respect of each asset

(a) Description of asset, m case of immovable propei ty. location theieof, (b) date of acquisition; (c) date of transfer, (d)name and address of the transfree, indicate relationship or connection, if any, with the assessee

Computation of capital gains

(a) Full value of consideration foi the transfer, (b) Deductions (I) cost of acquisition or the market value of the asset as on 1st January, 1964 sees 49,50 & 51 (n) cost of improvement of capital asset sec 55(i)(b): (in) expenditure in connection with the transfer sec -48(i), (c) total of deductions in (b); (d) amount ol capital gains (a) minus (c) If the assessee has claimed any exemption of capital gains under sections 53, 54, 54B or 54f, <• statement should be attached giving particulars of the fulfilment of the conditions specified in the lelevant section foi Ihe exemption

NOTF 7 If the assessee has any income by wav of inteiest on tax-free seemities or any other income on which a rebate of tax is admissi- ble, or has income which is included in the total income on which double taxation relief is claimed under section 90 or 91, the assessee should give details thereof in a separate statement

NOTF S Where a deposit has been made undet the C ompuNory Deposit Scheme (Income-tax Pa\eis) Act, 1974 for the assessment vear, the receipt issued bv the deposit office should be forwarded along with the return

ISO'S THE GAZETTE OF INDIA . EX I RAORDINARY LPARI II—Su . 300 J

HI I U KN <>l I N< ( > ML

FORM NO.3A

F°i use in Income-tax Office INCOME-TAX For assessees Including companies claiming exemption under ACT, 1961- sedion 11

RULE 12(1 )(c)

Name in block letters

Asses-menl vc.ir

Office address :

Telephone Previous yeai(s) ending on

pes dential address

Telephone Permanent Account Number State whether *indivldual/company/firm/association of persons/body State whether of individuals or artificial juridical person. *Resident

Resident but not ordinarily resident

Non-resident

If this is n revised return, please state the date of filing the previous return. Whether registered with Commissioncr-

sec. 12A(a).

Is the report of audit referred to in section 12A(b) attached ? *Yes No

* Yes/No

PART I . STATEMFNT OF TOTAL INCOME AND NET AGRICULTURAL

1NC0MF.

HEAD OF INCOME

Income/Loss (Rs.) (If nil, write 'Nil')

1. INTEREST ON SECURITIES [See Note I]

2. INCOME FROM HOUSE PROPERTY [See Note 2]

1. PROFITS AND GAINS OF BUSINESS (a) Share in profits of a registered firm—

OR PROFESSION ANNEXURFA

(b) Share in profits of an unregistered firm,

AOP/BOT—ANNFXURE A

[Income/loss from speculation business to be (c) Any sum received in respect of a dis-

stated separately against (a), (b), (e) and (d)] continued business— sec.176

(d) Business or profession exclusive of items (a), (b) & (c) [See No. 3]

4 CAPITAL (a) Relating to short-term capital assets :

GAINS.

-• "

(b) Relating to other capital assets .

(ANNEXURE B) (.i) lands or buildings or any rights therein

(li) other assets.

5. INCOME FROM (a) Dividends OTHF-R (b) Interest SOURCFS (c) Voluntary contributions,

(d) Other items.

[See Note 4]

6. Aggregate of items 1 to 5

•Strike out whichever is not applicable

150/9

7. j ^ d u ct : CV> TTnabsorbedlosse*/a'lowati>~<"s brought forward from curlier

• <:;irs-~uuilei ^\-fu.m< i2f?i. ^ ni .mi' ~? <<:• 79

(b) Investment allov"i.nc> development icbt'te development

allowance under section 32A(3)/33Q> '3A(2>

8 BAI ATSCF

9. DEDUCT :

(i) Amount applied to charitable or religious purposes in India during the pre\ious

year.

[See Notes 5 & 6]

(ii) Amount deemed to have been applied to charitable or religious purposes in India

during the previoos year clause 2 of the Explanation to sec.l Id)

[See Notes 5 & 6]

(iii) Amount* accumulated or set apart/finally set apart, for application to charitable or religious purposes to the extent it does not exceed 25 per cent, of the income derived from property held in trust •wholly/in part only, for such purposes

Civ) Amount eligibleforexemptionundersection !1OXc)— (Givedetails).

(V) Amount in addition to the amount referred to in (iii) above, accumulated or set

apart for specified purposes if all the conditions in section 11 (2) are fulfilled.

[See Note 7]

(vi) Total of (i) to (v)

[See Note 8]

10. BALANCE

11. Add :

(i) Income chargeable under section 11 (IB)

(ii) Income chargeable under section 11(3)

(iii) Income in respect of which exemption under section 11 is not available by reason

of the provisions of sec.I3.

[ANNEXURE CJ

12. GROSS TOTAL INCOME (10 plus 11)

13. Less : Admissible deductions : (Annexure D)

14. TOTAL INCOME (as rounded off to the nearest multiple often rupees—sec.288A)

(a) in figures

(b) in words

15. NET AGRICULTURAL INCOME [See Note 9]

PART II : STATEMENT OF TAXES

TAX ON TOTAL INCOME

[Attach a statement showing the computation of tax payable on total income]

PRE-ASSESSMENT TAXES

A. TAX DEDUCTED AT SOURCE

(attach certificates)

1. Interest on securities

2. Other interest

•Strike out whichever is not applicable.

1232 GI/8C—8

150/10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—Srr. 3(u)]

3. Dividends

4, Any other income. (Please specify)

TOTAL Rs.

B. ADVANCF TAX

(Attach challan) Date of payment

Amount

TOTAL Rs.

C. TAX ON SELF ASSESSMENT

(Attach chjlanj Date of payment

Amount

Rs.

TOTAL OF A. B and C

PART m. PARTICULARS OF INCOME CLAIMED TO BE EXEMPT

FROM TAX AND NOT INCLUDED IN PART I :

PARTICULARS

AMOUNT REASONS WHY NOT

TAXABLE

PART IV: STATEMENT REGARDING DEFAULTS IN FURNISHING

THE RETURN OF INCOME OR PAYMENT OF ADVANCE TAX OR COMPULSORY DEPOSIT.

1. If there h'.s been delay in finishing the return of income, within the statutoi y time limit, * Yes/No please indicate wh;ther the application in Form No.6 h^s been filed.

2. If yes, please state the date of application and receipt number. — .—

3. If there has been a default in furnishing the return of income or in payment of advance tax or the compulsory deposit, the reasons therefor should be given in a separate state- ment to be attached with the return.

C VERIFICATION [See Note 10]

I,

(Name in full and in block letters) *son/daughter/wife of

solemnly declare that to the best of my knowledge and belief, the information given in this return and ih; annexures and statements accompanying it is correct and complete and tint the amount of total income and other particulars shown therein are truly stated and relate to the previous yeai(s) lelevant to ths assessment year 19—.

I firther solemnly declare that during ths said previous year (s)—

(a) no other income accrued or arose to or was received by me from any asset held in my name;

(b) there is no other income, including income of any other person, in respect of which I am chargeable to tax under the Income tax Act, 1961.

*I further solemnly declare that during the s^id previous year(s)—

(a) no other income accrued or srose to or was received by* the person for and on whose behalf this rsturn is furnishcd/frcm any .'sset held in th; name of the person for and on wh^se behalf this Return is fuinished or in* the name of any other person.

(b) there is no

I further declare that I am making this return in my capacity as and that I am competent to make this return and verify it.

(designation)

(Signature) Date • — — ——

Place

•Strike out whichever is not applicable.

150/11

ANNEXURE A -PROFITS AND GAINS OF BUSINESS OR PROFESSION

SHARE FROM A 1-IRM OR ASSOCIATION OF PF.RSONS OR BODY OF INDIVIDUALS

Business ( thcr than speculation) Speculation business,

ard piofcssion,

(A) Registered firms

1. Amount of sh-ne in piofit/loss.

2, DeduU (Add, if th; ab we figure is A loss)

Expense % claimed

(Give details)

3. Net profit/loss, carried to item 3(a) on poge 1.

(B) Unregistered firms/associations of persons/be dies of

individuals 1. Amount of share in pi ofll/loss.

2. Deduct (Add, if the above figure is a loss)

Expanses claimed (Give details)

3. Net profit/loss, carried to item 3(b) on page 1.

ANNEXURE B : CAPITAL GAINS [See Note 11]

Capital gains relating to short-term capital assets

LLSS : Amount exempt under section 53, 54, 54B or 54D

Net amount carried to part (ft) of ilem 4

Capital gains relating to capital assets oihir than short-term capital assets.

.. . . ..

Less : Amount exempt under sections 53, 54, 54B, 54D or 54E

Not amount carried to part (b) of item 4

ANNEXURE C

OR

PART I— STATEMENT SHOWING THE INVESTMENT OF ALL FUNDS OF THE TRUST INSTITUTION AS ON THE LAST DAY OF THE PREVIOUS YEAR(S)

A SUBSTANTIAL SUB-PART A— INVESTMENTS HELD AT ANY TIME DURING THE PREVIOUS YEAR(S) IN CONCERN IN WHICH PERSONS REFERRED TO IN SECTION 13(3) HAVE INTEREST.

Name and tiddiess of th; concern. Wh:reth: concern is Nominal valuj of Income from th

SI. No.

p company. No-find Ihe investment, investment, class of sh^cs held.

Whelhei the amount col, (4) excci-di 5% of th; capital of the eopcein during the previous year, say Yes/No.

1

2

3 4 5

6

TOTAL

SUB-PART fl- OTHER INVESTMENTS AS ON THE LAST DAY OF THE PREVIOUS YEAR(S)

of the concern Wh;ii; th:

SI. Namc and address

company, class of No and nominal value of investment

concern is a shares held

1

2

3

4

TOTAL

150/12 T HE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)l

PART n : INCOME IN RESPECT OF WHICH EXEMPTION U/S. 11 JS NOT AVAILABLE BY REASON

OF THE PROVISIONS OF SECTION 13.

Q.I Does any ofth: following provisions of section 13(2)of the Income-tax Act apply in ihlsc≻—

Clause (a)

*Ycs/No Clause (b)

*Ycs/No Clause (c)

. *Yes/No Clause (d)

. * Yes/No Clause (e)

"Yes/No Clause (0

*Yes/No Clause (g)

. . .. *Ye9/No

Q,2 If ihsre is uny jntry or entries in sub-psutAof Part I'if fhlsAonouic, i-ithjuiiswer inCol, (6) against any of these entries in the .ifiVmitive7 ....,,. ,*Y:vNo

Amount of Income in respect of wJiich exemption under section 11 Is foi fdted Co. Rs

(n CASE I. Where the answer is "Yes" against any if m in Q. I or against Q. 2 or against both, enter here the whole ot the amount in it-1 in 8 on \\\gc 2 [Sec Note b< low].

CASE II. Where the answer ia "No" against .ill the Items in Q. 1 and also against Q. 2 and there is au entry in sub-Part A of Part I [Sec Note below] of thia Annexure, enter here total of the amonnt In col. (5) of sub-Part I of this Annextire.

CASE III. Where the answer is "No" nuainst/all the items in Q. 1 Hnd Q. 2 and there Is no entry in sub-Part A of Part I of this Anncxure, eiuci "NIL" here.

NOTE :— the amouiit to be entered In Case I or Case II, us the case may be, should not exceed the aggregate of the amouats as claimed as deductions against itms 9 (i), (ii) A (iii) on page 2,

ANNEXURE D : DEDUCTIONS [Sec Note 12]

PARTICULARS

Gross Qualifying Amount of amount amount deduction

1. Long-term capital g&im relating to—

(i) Land or building or any i ights Ih. i sin

(ii) Olhji aswis—Sec. SOT

2. Other deductions, If any

(Give details)

Total amount of deduction carried to item 13 on page 3.

ANNEXURE E : STATEMENT OF PARTICULARS REGARDING THE AUTHOR(S)/FOUNDER(S)/TRUSTEE(S)/ MANAGER(S), ETC. OF THE TRUST OR INSTITUTION.

Namc(s) of auihor(s)/founder(s) and address(es), if alive

Date on which the tiust was created or institution established.

Namc(fc) of tht person (s) who was/were truslee(s)'manager^) during ihe previous yeai(s) . . — — __

Nam<(ij)of peisonsC) who has/have made substantinl contribution to the trust/institution . . . .

Namc(s) of rel) of author(s), foundcr(s), trustee(s), marmgei(s) and substantial contributor(s) and where any such author, founder, trustee, manager or substantial contributor is a Hindu undivided family, also the names of the members of the family and their relatives

_ „ _„

*Strlkc out whichever is not applicable

150/13

ANNEXURE F

STATEMENT OF PARTICULARS TO BE FURNISHED UNDER SECTION 133/139.

1. IN THE CASE OF PARTNER/MEMBER OF A FIRM/AOP/BOl attach a statement showing the name and address of the FIRM/AOP/BOI and the names.'addresses and individual shares of each partner/member.

2. IN THE CASE OF A TRUSTEE, GUARDIAN OR AGENT for any other person, attach statements showing the name and addresses ol such other persons.

3. IF THE ASSESSEE HAS PAID/DURTNG THE PREVIOUS YEAR, rent, commission, royalty or brokerage or any annuity (not being an annuity assessable under the head "Salaries") exceeding one thousand rupees, attach separate statements (according to nature of payment) showing the names and addresses of the payees and the amounts paid. If any payee is a non-resident indicate whether tax has been deducted at source and paid to the credit of the Central Government.

Ncnh 1. The following particulars and computation of income chargeable under the head "Interest on securities" may be furnished in statement attached with this return, namely :—

General Particulars

(i) Particulars of securities, (ii) face value, (ill) gross amount of interest due or received during the year (give separate dtctails regarding Government Securities and debentures and other securities), (iv) amount of tax deducted at source (v) Remarks, e.g., in the case of a tax-free security enter the words "Tax-free" in this column.

Computation of Income

(To be given separately for Government Securities, and debentures and other securities)

(i) Gross amount due or received [from item (iii) of the general particulars]; (U) Less : (a) expenses for realising interest sec. 19(1)20 and (b) interest on moneys borrowed—sec 19(ii)/20; (iii) Net amount of intetet>l on securities carried to item on page 1 being (i) minus (il).

NOTE 2. The following particulars/computation of income chargeable under the head "Income from house property" for each house property should be furnished in a statement attached with this return, namely:—

INCOME FROM PROPERTY (LET OUT PROPERTY)

(General Particulars)

(a) Location of the propertj ;(b) Annual municipal valuation.

Computation of Income

(a) Amount for which the property might reasonably be expected to let from year to year or wheie propwty is let and to annual rent received or receivable exceeds the said amounts, such rent—sec. 23(1); (b) Deductions: (i) amount of municipal taxes borne by the owner—1st proviso to sec. 23(l);(ii) allowance for newly constructed property-2nd proviso to tec. 23(1); (c) annual value being (a) minus (b);(d) deductions:(i) Repairs—]/6th of the annual value—24(l)(0;(ii) insurance—sec. 24(1) (ii) ; (iii) annual charge—sec. 24(l)(iv); (iv) ground rent—sec. 24(lXv); (v) interest on borrowed money—sec. 24(l)(vij; (vi) land revenue, etc.—sec. 24(1) (vii); (vii) collection charges limited to 6% of annual value at (c)—sec. 24(1) (viii); (viii) vacancies—sec. 24(l)(ix); ('*) irrecoverable rent—sec. 24(1)(x) and rule 4; (c) total of deductions In (d) ; (f) not chargeable income from other property being (a) minus (e).

NOTE 3- Tbo following particulars should bo given in regard to the income chargeable under the head "Profits and gains of business or profession" in a statement to be attached with the return of income, namely;—

General Particulars

PART I

BUSINESS OR PROFESSION (OTHER THAN SHARB IN FIRM/AOPyBOl)

(i) Name in which business or profession is cairied on ; (ii) Address of principal place of business or profession; (iii) Names and addresses of branches; (iv) Nature of business or profession; (v) Method of accounting: State whether *Mercantile/ Cash/Mixed; (vi) Method of stock valuation; (.vii) If regular books of account are maintained, attach copies— 150/14 THE GAZETTE OF JNDJA : EXTRAORDINARY TPARF II—SEC. 3(ii)] •"

([ of 1956) a copy of the Auditor's report and copies of personal accounts of the directors should also be attached;(b) in the case of—(i) a proprietary business or profession, the personal account of the proprietor; (li) a firm, association of persons or body of individuals, peismial accounts of the parlnei s or members; (iii) a partner or member of a firm, association of persons or body of individuals, his personal account in the firm, association of persons or body of individuals; (viii) If regular hooks of account are not maintained, attach a statement indicating the amounts of turn over or gross receipts, gross profits, expenses and net prolit of the business or profession and the basis on which such amounts have boon computed and disclosing the amounts of the total sundry debtors, sundry creditors, stock-in-trade and cash balance as at the end of the previous year, (ix) Additional information to be furnished by assesseea engaged in contract work—(a) if the value of materials supplied by the person with whom the contract was made or the amount of security deposit (out of the payment due for work done) retained by him has not been included in the gross receipts shown, state here the amount thereof.

Value of materials security deposit

(b) Has information regarding building or supply contracts been furnished to the Income-lax Officer concerned under section 285A? *Yes/No.

(x) Additional information to be furnished by producers of cinematogiaph films—Has statement of payments to persons engaged In the production of cinematograph films been delivered to the Income-tax Officer concerned under section 285B ? •Yes/No,

(2) Computation of Assessable ProfitjLoss from business or profession for the previous year:

1. Net profit or loss as per P&L Account, etc., exclusive of share in profits of firm/association of persons/body of individuals Add (Deduct, if the above figure is a loss).

2. Amount debited to the P&L Account, in respect of : (a) losses of earlier years, (b) income-tax, surtax, penalty, etc, (c) personnel expenditure Including charity and presents, (d) capital expenditure, (e) expenses, allowances and payments not deductible under section 40(a), 40A(5) or (6) (give details) (0 expenses and allowances not deductible under section 40(c), (g) expenditure not admissible under section 40A(2), (h) expenditure claimed as deduction elsewhere in this return , (i) depreciation—considered separately, (j) investment allowance, development rebate and development allowance-consider- ed separately (Attach Form Nos. 5 and 5A), (k) reserve or provision for bad debts, (J) interest credited to any reserve or any fund.

3. Other expenses, etc., debited to P&L Account, etc. to the extent not admissible :

(a) Rent, rates, taxes, repairs and insurance premium of assets not used wholly for business—sec. 30/31. (b) loss on sale of assets—sec, 32(1) (Hi) (give details), (c) rehabilitation allowance—sec. 33B (give details), (d) expenditure on scientific research or sums paid to scientific research associations, etc.^sec. 35 (give details) (c) expenditure on patent rights or copyrights—sec. 35A, (f) rural development allowance—sec. 35CC(g) expenditure by way of payment to associations and institution for carrying out rural development programmes or for training of persons for implementing such programmes— sec. 35CCA, (h) preliminary expenses—section 35D (attach Foim No. 3B), (i) expenditure on prospecting for and develop, irent of minerals—sec. 35J3 (attach Form No. 3B) (give details), (j) payment of bonus to the extent not admissible—sec. 36( lXii) (k) contribution to provident, superannuation or gratuity fund —sec. 36(1) (iv) & (v), (1) entertainment expenditure— section 37(2) aud (2A), (m) expenditure on advertisement In any souvenir, brochure, etc., published by a political party— sec. 37(2B) (give details), (n) other expenditure on advertisement and on maintenance of guest houses and travelling of employees—sec, 37(3) and (4)/ruIcs 6B and 6D (give details), (o) adjusted expenditure on advertisements, publicity and sales promotion—sec. 37(3A), (give details) [applicable for assessment years 1979-80 and 1980,81 only], (p) expenditure incurred otherwise than by crossed cheques—sec, 4OA(3) /rule 6DD (give details), (q) provisions made for payment of gratuity—sec, 40A(7j, (r) expenditure by way of interest in respect of deposits—section 40A(8), (s) any other provision/ieserve/other expenditure not allowable uudcr sections 28 to 44D.

4. Amounts not credited to P&L Account, etc. : (a) profit chargeable under section 41(1), (3) and (4) (give details; (b) profit chargeable under section 41(2; and 2(A) (give details;, (c) any other chargeable profit or gain (give details).

5. ToUlofitemslto4.

Deduct: (/irfrfifthe figure in item 5 in negative).

6. Depreciation computed as per (3) below.

7. Income chargeable under heads other than "Profits and gains of business or profession" or income already charged to tax i a an earlier year credited to P & L Account, etc.

8. Deduction in respect of expenditure on scientific research/export markets development allowance/agricultural develop- ment allowance admissible in excess of amount debited to P & L Account, etc.—sees. 35, 35B and 35C.

9. Any other expenditure/deduction claimed under sections 28 to 44D (give details).

10. Total of items 6 to 9,

•Sn ike out whichever is not applicable.

150/15

11. Balance profit/loss (5 minus10).

(3) The following pnrticuh rs should be given in a statement attached with the return in respect of depreciation allowance and investment allowance, namely : (i) description of assets (in respect of building, indicate whether the building is taken on lease or is owned by the asscssec); (ii) written down value of existing assels; fiii) actual cost of assets acquired during the previous year; (iv)caplta1 expenditure on additions or alterations; (v) period of user(only ^herc return relates lo assessment year 1969-70 or any earlier year); (vi)amounf of moneys payable and scrap \aluc in respect of assets sold, discarded, demolished or destroyed; (vii) amount on which depreciation is allowable [total of items (ii) to (iv) exclusive pf amounts relating to ussets referred to in item (vi)] ; (viii) rate of depreciation; (ix) total number of days worked (to be furnished only if extra shift allowance is claimed); (x)total number of days worked—double shift and triple shift (to be furnished only if extra shift allowance is claimed) (xl) depreciation claimed—(a) initial depreciation; (b) normal depreciation (including extra depreciation for approved hotels) (c) additional depreciation ; (d) extra shift allowance—double shift and triple shift; (xii) total deprecia- tion ; (xiii) investment allowance claimed (also indicate rate) ; (xiv) remarks (indicate the amount of initial depreciation, inveslment~allowance or development rebate allowed^*-respect of Iho asset in an earliei year).

NOTE 4. The following particulars should be given in respect of dividend Income and computation of income chargeable under the head "Income from other sources" in a separate statement to bo attached with the return, namely:—(i) Name of the company; (ii) number of shares; (iii) gross amount of dividends; (iv) tax deducted at source.

Computation of Income

[Details should be given in respect of (i) gross income, (ii) expenditure claimed and (ill) net income being (i) minus (ii)] (a) Dividends, (b) Interest olher than interest on securities or Interest chargeable as profits of business, or profession, (c) other items being total of (i) value of benefits or perquisites—sec. 2(24) (iv) ; (ii) value of benefits of perquisites in the case of beneficiary or trustee of a trust—sec. 2(24)(iva); (iil) winnings from lotteries, crossword-puzzles, races etc.—sec. 56(1) (ib); (iv) hiring of machinery, plant, furniture or building—sec. 56(2) (ii) & (iii) ; (v) annuity or its commuted value—sec. 280D; (vl) profits chargeable to tax under section 59, (d) the net income in respect of (a), (b) and (c) shall be carried to Items 5(a) 5(b) and 5(c) on page 2.

NOTE 5. 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 Tndia during the previous year out of voluntary contributions receh ed by the trust or Institution is not allowable as a deduction.

NOTE 6. Give on a separate sheet details of the purposes and the amount applied to each. Where the option under the Explanation to section 11(1) is exercised, a ktler to that effect should accompany, if not already sent.

NOTE 7. Where any deduction is claimed against item 9(v), the notice in Form No. 10 may accompany. Tf the notice has already been given a copy thereof should be attached. Details regarding investments or deposits in respect of the income so accumulated or set apart should be given in a separate sheet.

NOTE 8. Where income is derived from property held under trust in part only for charitable or religious purposes and the aggregate of deduction against items (i), (ii), (iii), (iv) and (v) exceeds that portion of the income which Is applicable to such purposes, the claim for deduction should bo limited to the amount of the income so applicable.

NOTE 9. The net agricultural income has to be computed in accordance with the rules in the relevant Finance Act in the following manner, namely:--

(a) Rent or revenue derived from land used for agricultural purposes; (b) income from any building required as a dwelling house by the cultivator etc.; (c) other agricultural income not being income from sale of tea referred to in item (d) ; (d) sixty per cent of the income from sale of tea grown and manufactured in India; (e) share of agricultural income from registered firm/ unregistered firm/association of persons, etc., computed in accordance with the rules for computation of net agricultural income in the relevant Finance Act; (f) aggregate of items (a) to (c) (subject to adjustment of losses in accordance with the rules for computation of net agricultural incom; In the relevant Finance Act); (g) Kes: Agricultural income-tax payable to the State Government on the agricultural Income of the previous year; (h) net agricultural income being (f) minus (g).

NOTE 10. Before signing the declaration, the signatory should satisfy himself that the return and the accompanying annexurcs and state- ments arc correct and complete in all respects.

Any person making a false statement in this Return or the accompanying annexures or statements shall be liable to prose- cution under section 277 of the Income-tax Act, 1961, and on conviction be punishable—

(i) 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 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.

CAPITAL GAINS

General Particulars

NOTE 11. The following particulars regarding the income chargeable under the head "Capital gains" arising from the transfer of the capital assets resulting in capital gains should be given in respect of each asset:

(a) Description of asset; In case of Immovable property, location thereof, (b) date of acquisition; (c) date of transfer (d) name and address of the transferee; Indicate relationship or connection, if any, with the assessee.

150/16 THE GAZETTE OF INDIA : FXTRAORD1NARY [PART II—SEC. 3Oi)]

Computation of Capital Gains

(a) Full value of consideration for (he transfer- (b) Deduction* : (i) cost of acquisition or the market value of the asset as on 1st January, 1964—sections 49, 50 & 51 (li) c< >st ol unprmement of capital asset— soc. 55(l)(b); (iii) expenditure in con- nection with the transfer—sec. 48(0; (c) total of deductions In (b); (d) amount of capital gains (a) minus (c).

NOTE 12. If the asswsee has any Income by way of interest on tin-free securities or any other income on which a rebate of tax Js admissi. ble, or has income which is included in the total income on which double taxation relief is claimed under section 90 or 91, the assessee should give details thereof in a separate statement.

NOTE 13. Where a deposit ha&'bccn made under the Compulsory Deposit Scheme (Jncoire-tav payers) Act, 1974, for the assessment year, the receipt Issued by the deposit office should be forwarded alongwllh the return."

[No. 1813/F. No. 142(16)/80-TPL]

S. N. SHENDE, Secy. Central Board of Direct Taxes.

F U N t Bb BY T in MANAGER, OOVT. OF INDIA P1ES8, KING ROAD, HEW DBLHt-llOOM

AND PU1U8HED BY THE CONTKOLLEK OP PUBLICATIONS, DKLIH-110054, 1981


  1. , does (he company claim to be covered by section 104(2Xiii) or any notification under section 104(3)? *Yes/No (c) is th^ company an industrial company as defined in the annual Finance Act of a banking company or an invest. ment company of a trading company? 3. Is tho company liable lo pay surtax? *Yes/No 4 If th; answer to item 3 is 'yes' has a return of chargeable profits been furnished and if so, the date there of. •Strike oul whichever is not applicable. ANNEXURE E: PARTICULARS REQUIRED UNDER SECTION 133/139 ~T7 IN THE CASE OF A PARTNER/MEMBER OR A FIRM/ASSOCIATION OF PERSONS(AOP), attach a statement showing the name and address of the firm/AOP and the name, address and individual share of each partner/member. 2. IN THE CASE OF A TRUSTEE OF OR AGENT FOR any other person, attach statement showing the names and addresses of such other persons. ↩
  2. difference , ind(b) iti excess of Rs 10,000 m conrietiiOii with ilr tumslei, whethoi by \ uj ofasalc exchingi oi olhei wise, of assets, oi on whose behalf or trom whom he oi the Fxch-mgc his received any such sum, together vuth paiticulais (amount datt, etc ) of aM such payments und lcceipts ↩
  3. /U9 PARTI Paiticulars regdiding eonsli'ution, cic 1. XN THE CASE OF AN INDIVIDUAL (i) State whcthei a citizen of India (n) If a membci of Hindu undivided family, give the name and address of the family i IN THE CASE OF A HINDU UNDIVIDED FAMILY, whether the lamily has al least one member who*e total income assessable for the asses\ ^ i\ ol ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 22 January 1981. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1981-01-22.E-0993-1981-0036-43770/. Archive identifier in.gazette.csl_extraordinary.1981-01-22.E-0993-1981-0036-43770.