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RNI No. MAHBIL /2012/46128

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ORDINANCE No. 14 OF 2019.—The Prohibition of Electronic-Cigarettes (Production,

Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement)

Ordinance, 2019.

. .

ORDINANCE No. 15 OF 2019.—The Taxation Laws (Amendment) Ordinance, 2019.

LAW AND JUDICIARY DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,

Mumbai 400 032, dated the 4th December 2019.

No. 48/Reprint/O/B.—The following Ordinances promulgated by the President are hereby republished

for general information :—

MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 18th September 2019/Bhadra 27, 1941 (Saka)

THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE,

IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE

AND ADVERTISEMENT) ORDINANCE, 2019.

(No. 14 of 2019)

Promulgated by the President in the Seventieth year of the Republic of India.

An Ordinance to prohibit the production, manufacture, import, export, transport, sale, distribution,

storage and advertisement of electronic cigarettes in the interest of public health to protect the people

from harm and for matters connected therewith or incidental thereto ;

WHEREAS India is a signatory to the World Health Organisation Framework Convention on Tobacco

Control adopted in Geneva, Switzerland on 21st day of May, 2003 which came into force on the 27th

day of February, 2005 ;

AND WHEREAS the Conference of Parties established under article 23 of the said Convention

took a decision on the 18th day of October, 2014 to invite the Parties to the Convention to consider

prohibiting or regulating the electronic cigarettes or the Electronic Nicotine Delivery Systems and the

Electronic non-Nicotine Delivery Systems, including as tobacco products, medicinal products, consumer

products or other categories, as appropriate, taking into account a high level of protection for human

health ;

AND WHEREAS the Conference of Parties took a decision to urge the Parties to the Convention

to consider banning or restricting advertising, promotion and sponsorship of the said Delivery Systems ;

AND WHEREAS since these devices are injurious to health and proliferation of these products

has negative impact on public health, it is expedient to prohibit the production, manufacture, import, export,

transport, sale, distribution, storage and advertisement of electronic cigarettes as enjoined by article 47

of the Constitution of India ;

AND WHEREAS article 51 of the Constitution of India requires the State to endeavour to foster

respect for international law and treaty obligations in the dealings of organised peoples with one another ;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances

exist which render it necessary for him to take immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the

Constitution, the President is pleased to promulgate the following Ordinance :—

Short title and commencement.—(1) This Ordinance may be called the Prohibition of Electronic

Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and

Advertisement) Ordinance, 2019.

(2) It shall come into force at once.

2. Declaration as to expediency of control by Union.—It is hereby declared that it is expedient in

the public interest that the Union should take under its control the electronic cigarettes industry.

3. Definitions.—In this Ordinance, unless the context otherwise requires,—

(a) “advertisement” means any audio or visual publicity, representation or pronouncement made

by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media

and includes through any notice, circular, label, wrapper, invoice or other document or device ;

(b) “authorised officer” means—

(i) any police officer not below the rank of subinspector, or ;

(ii) any other officer, not below the rank of subinspector, authorised by the Central

Government or the State Government by notification ;

expression “distribute” shall be construed accordingly ;

(d) “electronic cigarette” means an electronic device that heats a substance, with or without

nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine

Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called

and whatever shape, size or form it may have, but does not include any product licensed under the

Drugs and Cosmetics Act, 1940 (23 of 1940).

Explanation.—For the purposes of this clause, the expression “substance” includes any natural

or artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of

gas or vapour ;

(e) “export” with its grammatical variations and cognate expressions, means taking out of India

to a place outside India ;

(f) “import” with its grammatical variations and cognate expressions, means bringing into India

from a place outside India ;

(g) “manufacture” means a process for making or assembling electronic cigarettes and any

part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic

cigarettes and any part thereof ;

(h) “notification” means a notification published in the Official Gazette ;

(i) “person” includes—

(i) any individual or group of individuals ;

(ii) a firm (whether registered or not) ;

(iii) a Hindu Undivided Family ;

(iv) a trust ;

(v) a limited liability partnership ;

(vi) a co-operative society ;

(vii) any corporation or company or body of individuals ; and

(viii) every artificial juridical person not falling within any of the preceding sub-clauses ;

(j) “place” includes any house, room, enclosure, space, conveyance or the area in like nature ;

(k) “production” with its grammatical variations and cognate expressions, includes the making

or assembling of electronic cigarettes and any part thereof ;

(l) “sale” with its grammatical variations and cognate expressions, means any transfer of

property in goods (including online transfer) by one person to another, whether for cash or on credit,

or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and

offer for sale and exposure for sale.

Prohibition on production, manufacturing, import, export, transport, sale, distribution,

advertisement of electronic cigarettes.—On and from the date of commencement of this Ordinance, no

person shall, directly or indirectly,—

(i) produce or manufacture or import or export or transport or sell or distribute electronic

cigarettes, whether as a complete product or any part thereof ; and

(ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly

promotes the use of electronic cigarettes.

Prohibition on storage of electronic cigarettes.—On and from the date of commencement of this

Ordinance, no person, being the owner or occupier or having the control or use of any place shall,

knowingly permit it to be used for storage of any stock of electronic cigarettes :

Provided that any existing stock of electronic cigarettes as on the date of the commencement of

this Ordinance kept for sale, distribution, transport, export or advertisement shall be disposed of in the

manner hereinafter specified—

(a) the owner or occupier of the place with respect to the existing stock of electronic cigarettes

shall, suo moto, prepare a list of such stock of electronic cigarettes in his possession and without

unnecessary delay submit the stock as specified in the list to the nearest office of the authorised

officer ; and

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(b) the authorised officer to whom any stock of electronic cigarettes is forwarded under clause

(a) shall, with all convenient despatch, take such measures as may be necessary for the disposal

according to the law for the time being in force.

6. Power to enter, search and seize without warrant.—(1) An authorised officer, if he has reason to

believe that any provision of this Ordinance has been, or is being contravened, may enter and search

any place where—

(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are

produced, supplied, distributed, stored or transported ; or

(b) any advertisement of the electronic cigarettes has been or is being made.

(2) After completion of the search referred to in subsection (1), the authorised officer shall seize

any record or property found as a result of the search in the said place, which are intended to be used,

or reasonably suspected to have been used, in connection with any matter referred to in sub-section (1)

and if he thinks proper, take into custody and produce, along with the record or property so seized, before

the Court of Judicial Magistrate of the first class, any such person whom he has reason to believe to

have committed any offence punishable under this Ordinance.

(3) Where it is not practicable to seize the record or property, the officer authorised under sub-

section (1), may make an order in writing to attach such property, stocks or records maintained by the

producer, manufacturer, importer, exporter, transporter, seller, distributer, advertiser or stockist about

which a complaint has been made or credible information has been received or a reasonable suspicion

exists of their having been connected with any offence in contravention of the provisions of this Ordinance

and such order shall be binding on the person connected with the said offence.

(4) All searches, seizures and attachment under this section shall be made in accordance with the

provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

7. Punishment for contravention of section 4.—Whoever contravenes the provisions of section 4,

shall be punishable with imprisonment for a term which may extend to one year or with fine which may

extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment

for a term which may extend to three years and with fine which may extend to five lakh rupees.

8. Punishment for contravention of section 5.—Whoever contravenes the provisions of section 5,

shall be punishable with imprisonment for a term which may extend to six months or with fine which may

extend to fifty thousand rupees or with both.

9. Jurisdiction and trial of offences.—(1) Any person committing an offence under section 4 or section

5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time

being in force.

(2) All offences under this Ordinance shall be tried by the Court of Judicial Magistrate of

the first class in accordance with the procedure provided for trials in the Code of Criminal

Procedure, 1973 (2 of 1974).

10.

Power to dispose of stock seized.—After completion of the proceedings before the Court and

if it is proved that the stock seized by the authorised officer under the provisions of this Ordinance are

stocks of electronic cigarettes, such stocks shall be disposed of in accordance with the provisions

contained in Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974).

11.

Offences by companies.—(1) Where an offence under this Ordinance has been committed

by a company, every person who, at the time the offence was committed, was in charge of, and was

responsible to the company for the conduct of, the business of the company, as well as the company,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any

punishment provided in this Ordinance, if he proves that the offence was committed without his knowledge

or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance

has been committed by a company, and it is proved that the offence has been committed with the consent

or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other

officer of the company, such director, manager, secretary or other officer shall also be deemed to be

guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section—

(a) “company” means any body corporate and includes a firm or other association of

individuals ; and

(b) “director” means a whole-time director in the company and in relation to a firm, means a

partner in the firm.

12.

Cognizance of offences.—No court shall take cognizance of an offence punishable under this

Ordinance, except upon a complaint in writing made by an authorised officer under this Ordinance.

13.

Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974), an offence under section 4 shall be cognizable.

14.

Ordinance to have overriding effect.—Save as otherwise expressly provided in this Ordinance,

the provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained

in any other law for the time being in force.

15.

Application of other laws not barred.—The provisions of this Ordinance shall be in addition to

and not in derogation of the provisions of any other law for the time being in force prohibiting production,

manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes.

16.

Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall

lie against the Central Government or any State Government or any officer of the Central Government

or any State Government for anything which is in good faith done or intended to be done under this

Ordinance.

17.

Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of

this Ordinance, the Central Government may, by an order published in the Official Gazette, make such

provision not inconsistent with the provisions of this Ordinance, as may appear to be necessary or

expedient for removing the difficulty.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before

each House of Parliament.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

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MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 20th September, 2019/Bhadra 29, 1941 (Saka)

THE TAXATION LAWS (AMENDMENT) ORDINANCE, 2019

(No. 15 of 2019)

Promulgated by the President in the Seventieth year of the Republic of India.

An Ordinance further to amend the Income-tax Act, 1961 and the Finance (No. 2) Act, 2019.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which

render it necessary for him to take immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the

Constitution, the President is pleased to promulgate the following Ordinance:—

CHAPTER I

PRELIMINARY

short title and commencement.—(1) This Ordinance may be called the Taxation Laws

(Amendment) Ordinance, 2019.

(2) Save as otherwise provided, this Ordinance shall come into force at once.

CHAPTER II

AMENDMENTS IN THE INCOME-TAX ACT, 1961

Amendment of section 92BA.—In section 92BA of the Income-tax Act, 1961 (43 of 1961)

(hereafter in this Chapter referred to as the Income-tax Act), after clause (v), the following clause shall

be inserted with effect from the 1st day of April, 2020, namely :—

“(va) any business transacted between the persons referred to in sub-section (4) of

section 115BAB ;”.

Amendment of section 115BA.—In section 115BA of the Income-tax Act with effect from the

1st day of April, 2020,—

(a) for the marginal heading “Tax on income of certain domestic companies”, the marginal

heading “Tax on income of certain domestic manufacturing companies” shall be substituted ;

(b) in sub-section (1), for the words “subject to the other provisions of this Chapter”, the words,

figures and letters “subject to the other provisions of this Chapter, other than those mentioned under

section 115BAA and section 115BAB” shall be substituted ;

“Provided further that where the person exercises option under section 115BAB, the option

under this section may be withdrawn.”.

Insertion of new sections 115BAA and 115BAB.—After section 115BA of the Income-tax Act,

the following sections shall be inserted with effect from the 1st day of April, 2020, namely :—

“Tax on income of certain domestic companies.—115BAA. (1) Notwithstanding anything

contained in this Act but subject to the provisions of this Chapter, other than those mentioned under

section 115BA and section 115BAB, the income-tax payable in respect of the total income of a

person, being a domestic company, for any previous year relevant to the assessment year beginning

on or after the 1st day of April, 2020, shall, at the option of such person, be computed at the rate of

twenty-two per cent., if the conditions contained in sub-section (2) are satisfied.

(2) For the purposes of sub-section (1), the following conditions shall apply subject to the

condition that the total income of the company has been computed,—

(i) without any deduction under the provisions of section 10AA or clause (iia) of sub-section

(1) of section 32 or section 32AD or section 33AB or section 33ABA or sub-clause (ii) or

sub-clause (iia) or subclause (iii) of sub-section (1) or sub-section (2AA) or sub-section (2AB)

of section 35 or section 35AD or section 35CCC or section 35CCD or under any provisions of

Chapter VI-A under the heading “C.— Deductions in respect of certain incomes’’ other than

the provisions of section 80JJAA ;

(ii) without set off of any loss carried forward from any earlier assessment year if such

loss is attributable to any of the deductions referred to in sub-clause (i) ; and

(iii) by claiming the depreciation, if any, under section 32, other than clause (iia) of sub-

section (1) of the said section, determined in such manner as may be prescribed.

(3) The loss referred to in sub-clause (ii) of sub-section (2) shall be deemed to have been

already given full effect to and no further deduction for such loss shall be allowed for any subsequent

year.

(4) Nothing contained in this section shall apply unless the option is exercised by the person

in the prescribed manner on or before the due date specified under subsection (1) of section 139

for furnishing the returns of income for any previous year relevant to the assessment year

commencing on or after 1st day of April, 2020 and such option once exercised shall apply to

subsequent assessment years :

Provided that once the option has been exercised for any previous year, it cannot be

subsequently withdrawn for the same or any other previous year.

Tax on income of certain new domestic manufacturing companies.—115BAB.

(1) Notwith-

standing anything contained in this Act but subject to the provisions of this Chapter, other than those

mentioned under section 115BA and section 115BAA, the income-tax payable in respect of the total

income of a person, being a domestic company, for any previous year relevant to the assessment

year beginning on or after the 1st day of April, 2020, shall, at the option of such person, be computed

at the rate of fifteen per cent., if the conditions contained in sub-section (2) are satisfied.

(2) For the purposes of sub-section (1), the following conditions shall apply, namely :—

(a) the company has been set-up and registered on or after the 1st day of October, 2019,

and has commenced manufacturing on or before the 31st day of March, 2023, and,—

(i) is not formed by splitting up, or the reconstruction, of a business already in

existence :

Provided that this condition shall not apply in respect of an undertaking which is formed

as a result of the re-establishment, reconstruction or revival by the person of the business

of any such undertaking as is referred to in section 33B, in the circumstances and within

the period specified in the said section ;

(ii) does not use any machinery or plant previously used for any purpose.

Explanation 1.—For the purposes of sub-clause (ii), any machinery or plant which was

used outside India by any other person shall not be regarded as machinery or plant previously

used for any purpose, if the following conditions are fulfilled, namely :—

(A) such machinery or plant was not, at any time previous to the date of the

installation by the person, used in India ;

(B) such machinery or plant is imported into India from any country outside India ;

and

has been allowed or is allowable under the provisions of this Act in computing the total

income of any person for any period prior to the date of the installation of machinery or

plant by the person.

Explanation 2.—Where in the case of a person, any machinery or plant or any part thereof

previously used for any purpose is put to use by the company and the total value of such

machinery or plant or part thereof does not exceed twenty per cent, of the total value of the

machinery or plant used by the company, then, for the purposes of subclause (ii) of this clause,

the condition specified therein shall be deemed to have been complied with ;

(iii) does not use any building previously used as a hotel or a convention centre, as

the case may be.

Explanation.—For the purposes of this subclause, the expressions “convention centre”

and “hotel” shall have the meanings respectively assigned to them in clause {a) and clause

(b) of subsection (6) of section 80-ID ;

(b) the company is not engaged in any business other than the business of manufacture

or production of any article or thing and research in relation to, or distribution of, such article or

thing manufactured or produced by it ; and

(i) without any deduction under the provisions of section 10AA or clause (iia) of

sub-section (1) of section 32 or section 32AD or section 33AB or section 33ABA or

sub-clause (ii) or sub-clause (iia) or sub-clause (iii) of sub-section (1) or sub-section (2AA)

or sub-section (2AB) of section 35 or section 35AD or section 35CCC or section 35CCD

or under any provisions of Chapter VI-A under the heading “C.—Deductions in respect of

certain incomes” other than the provisions of section 80JJAA ;

(ii) without set off of any loss carried forward from any earlier assessment year if

such loss is attributable to any of the deductions referred to in sub-clause (/) ; and

(iii) by claiming the depreciation under section 32, other than clause (iia) of sub-section

(1) of the said section, determined in such manner as may be prescribed.

(3) The loss referred to in sub-clause (ii) of clause (c) of sub-section (2) shall be deemed to

have been already given full effect to and no further deduction for such loss shall be allowed for

any subsequent year.

(4) Where it appears to the Assessing Officer that, owing to the close connection between

the company and any other person, or for any other reason, the course of business between them

is so arranged that the business transacted between them produces to the company more than the

ordinary profits which might be expected to arise, the Assessing Officer shall, in computing the profits

and gains of such company for the purposes of this section, take the amount of profits as may be

reasonably deemed to have been derived therefrom:

Provided that in case the aforesaid arrangement involves a specified domestic transaction

referred to in section 92BA, the amount of profits from such transaction shall be determined having

regard to arm’s length price as defined in clause (ii) of section 92F.

(5) Nothing contained in this section shall apply unless the option is exercised by the person

in the prescribed manner on or before the due date specified under subsection (1) of section 139

for furnishing the first of the returns of income for any previous year relevant to the assessment

year commencing on or after 1st day of April, 2020 and such option once exercised shall apply to

subsequent assessment years :

Provided that once the option has been exercised for any previous year, it cannot be

subsequently withdrawn for the same or any other previous year.

Amendment of section 115JB.—In section 115 JB of the Income-tax Act, with effect from the

1st day of April, 2020,—

(a) in sub-section (1), the following proviso shall be inserted, namely :—

“Provided that for the previous year relevant to the assessment year commencing on or

after the 1st day of April, 2020, the provisions of this sub-section shall have effect as if for the

words “eighteen and one-half per cent.”, occurring at both the places, the words “fifteen per

cent.” had been substituted.” ;

(b) for sub-section (5A), the following sub-section shall be substituted, namely :—

“(5A) The provisions of this section shall not apply to,—

(i) any income accruing or arising to a company from life insurance business referred

to in section 115B ;

(ii) a person who has exercised the option referred to under section 115BAA or section

115BAB.”.

Amendment of section 115QA.—In section 115QA of the Income-tax Act, in sub-section (1),

the following proviso shall be inserted and shall be deemed to have been inserted with effect from the

5th day of July, 2019, namely :—

“Provided that the provisions of this sub-section shall not apply to such buy-back of shares

(being the shares listed on a recognised stock exchange), in respect of which public announcement

has been made before 5th day of July, 2019 in accordance with the provisions of the Securities

and Exchange Board of India (Buy-back of Securities) Regulations, 2018 made under the Securities

and Exchange Board of India Act, 1992 (15 of 1992) as amended from time to time.

CHAPTER III

AMENDMENTS IN THE FINANCE (NO. 2) ACT, 2019

Amendment of Act No. 23 of 2019.—In section 2 of the Finance (No.2) Act, 2019 [hereafter in

this Chapter referred to as the Finance (No.2) Act], in subsection (9), with effect from the 1st day of

April, 2019,—

(a) in third proviso,—

(i) in clause (a) for the words “the Income-tax Act”, the words, figures and letters “the

Income-tax Act, not having any income under section 115AD of the Income-tax Act” shall be

inserted and shall be deemed to have been inserted ;

(ii) after clause (a), the following clause shall be inserted and shall be deemed to have

been inserted, namely :—

‘(aa) in the case of every association of persons or body of individuals, whether

incorporated or not, having income under section 115 AD of the Income-tax Act,—

(i) at the rate of ten per cent. of such “advance tax”, where the total income

exceeds fifty lakh rupees, but does not exceed one crore rupees ;

(ii) at the rate of fifteen per cent. of such “advance tax”, where the total income

exceeds one crore rupees but does not exceed two crore rupees ;

(iii) at the rate of twenty five per cent. of such “advance tax”, where the total

income [excluding the income of the nature referred to in clause (b) of sub-section

(1) of section 115AD of the Income-tax Act] exceeds two crore rupees but does not

exceed five crore rupees ;

(iv) at the rate of thirty-seven per cent. of such “advance tax”, where the total

income [excluding the income of the nature referred to in clause (b) of sub-section

(1) of section 115AD of the Income-tax Act] exceeds five crore rupees ;

(v) at the rate of fifteen per cent. of such “advance tax”, where the total income

[including the income of the nature referred to in clause (b) of sub-section (1) of section

115AD of the Income-tax Act] exceeds two crore rupees but is not covered in sub-

clauses (iii) and (iv):

Provided that in case where the total income includes any income chargeable

under clause (b) of sub-section (1) of section 115AD of the Income-tax Act, the rate

of surcharge on the advance tax computed on that part of income shall not exceed

fifteen per cent. ;’ ;

(b) in the fourth proviso, for the words, brackets and letter “in (a) above”, the words, brackets

and letters “in (a) and (aa) above” shall be substituted ;

“Provided also that, in respect of any income chargeable to tax under section 115BAA or

section 115BAB of the Income-tax Act, the tax computed under the first proviso shall be

increased by a surcharge, for the purposes of the Union, calculated at the rate of ten per cent.

of such “advance tax”.

Amendment of Part II of First Schedule.—In the First Schedule of the Finance (No.2) Act, with

effect from the 1 st day of April, 2019,—

(A) in PART II, under the sub-heading “Surcharge on income-tax”, in paragraph (i), in

clause (a),—

(i) in sub-clauses I and II, after the words “aggregate of such incomes”, the brackets,

figures and letters “(including the income under the provisions of section 111A and section

112A of the Income-tax Act)” shall be inserted and shall be deemed to have been inserted ;

(ii) in sub-clauses III and IV, after the words “aggregate of such incomes” the brackets,

figures and letters “(excluding the income under the provisions of section 111A and section

112A of the Income-tax Act)” shall be inserted and shall be deemed to have been inserted.

(iii) after sub-clause IV, the following sub-clause shall be inserted and shall be deemed to

have been inserted, namely :—

“V. at the rate of fifteen per cent. of such tax, where the income or aggregate of such

incomes (including the income under the provisions of section 111A and section 112A of

the Income-tax Act) paid or likely to be paid and subject to the deduction exceeds two

crore rupees, but is not covered under sub-clauses III and IV):

Provided that in case where the total income includes any income chargeable under section

111A and section 112A of the Income-tax Act, the rate of surcharge on the amount of income-

tax deducted in respect of that part of income shall not exceed fifteen per cent. ;’ ;

(B) in PART III, in Paragraph A, under the sub-heading “Surcharge on income-tax”, after the

opening portion,—

(i) in clauses (a) and (b), after the words “having a total income”, the brackets, words,

figures and letters “(including the income under the provisions of section 111A and section

112A)” shall be inserted ;

(ii) in clauses (c) and (d), after the words “having a total income”, the brackets, words,

figures and letters “(excluding the income under the provisions of section 111A and section

112A)” shall be inserted ;

(iii) after clause (d) and before the proviso, the following clause shall be inserted,

namely :—

“(e) having a total income (including the income under the provisions of section 111A

and section 112A) exceeding two crore rupees, but is not covered under clauses (c) and

(d), shall be applicable at the rate of fifteen per cent. of such income-tax :

Provided that in case where the total income includes any income chargeable under

section 111A and section 112A of the Income-tax Act, the rate of surcharge on the amount of

income-tax computed on that part of income shall not exceed fifteen per cent. ;’ ;

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.