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Income Tax Act 1961

Volume 2 (s.116 - 298) - Procedural part

chapter

XIII - Income tax authorities

A - Appointment and control

116 - Income-tax authorities

117 - Appointment of income tax authorities

118 - Control of income-tax authorities

119 - Instructions to subordinate authorities

119A - Taxpayer’s Charter

B - Jurisdiction

120 - Jurisdiction of income-tax authorities

124 - Jurisdiction of Assessing Officers

127 - Power to transfer cases

129 - Change of incumbent of an office

130 - Faceless jurisdiction of income-tax authorities

C - Powers

131 - Power regarding discovery, production of evidence, etc

132 - Search and seizure

132A - Powers to requisition books of account, etc

132B - Application of seized or requisitioned assets

133 - Power to call for information

133A - Power of survey

133B - Power to collect certain information

133C - Power to call for information by prescribed income-tax authority

134 - Power to inspect registers of companies

135 - Power of Principal Director General or Director General or Principal Director or Director, Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner and Joint Commissioner

135A - Faceless collection of information

136 - Proceedings before income-tax authorities to be judicial proceedings

D - Disclosure of information

138 - Disclosure of information respecting assessees

XIV - Procedure of assessment

139 – Return of Income

139A - Permanent account number

139AA - Quoting of Aadhaar number

139B - Scheme for submission of returns through Tax Return Preparers

139C - Power of Board to dispense with furnishing documents, etc., with return

139D - Filing of return in electronic form

140 – Return by whom to be verified

140A - Self-assessment

140B - Tax on updated return

142 - Enquiry before assessment

142A - Estimation of value of assets by Valuation Officer

143 - Assessment

144 - Best judgment assessment

144A - Power of Joint Commissioner to issue directions in certain cases

144B - Faceless Assessment

144BA - Reference to Principal Commissioner or Commissioner in certain cases

144C - Reference to Dispute Resolution Panel

145 - Method of accounting

145A - Method of accounting in certain cases

145B - Taxability of certain income

147 - Income escaping assessment

148 - Issue of notice where income has escaped assessment

149 - Time limit for notice

150 - Provision for cases where assessment is in pursuance of an order on appeal, etc

151 - Sanction for issue of notice

151A - Faceless assessment of income escaping assessment

152 - Other provisions

153 - Time limit for completion of assessment, reassessment and recomputation

153A - Assessment in case of search or requisition

153B - Time limit for completion of assessment under section 153A

153C - Assessment of income of any other person

153D - Prior approval necessary for assessment in cases of search or requisition

154 - Rectification of mistake

155 - Other amendments

156 - Notice of demand

156A - Modification and revision of notice in certain cases

157 - Intimation of loss

158 - Intimation of assessment of firm

157A - Faceless rectification, amendments and issuance of notice or intimation

XV - Liability in special cases

A - Legal representatives

159 - Legal representatives

B - Representative assessee - General provisions

160 - Representative assessee

161 - Liability of representative assessee

162 - Right of representative assessee to recover tax paid

C - Representative assessees - Special cases

163 - Who may be regarded as agent

164 - Charge of tax where share of beneficiaries unknown

164A - Charge of tax in case of oral trust

165 - Case where part of trust income is chargeable

D - Representative assessees - Miscellaneous provisions

166 - Direct assessment or recovery not barred

167 - Remedies against property in cases of representative assessees

DD - Firms, association of person and body of individuals

167A - Charge of tax in the case of a firm

167B - Charge of tax where shares of members in association of persons or body of individuals unknown, etc

167C - Liability of partners of limited liability partnership in liquidation

E - Executors

168 - Executors

169 - Right of executor to recover tax paid

F - Succession to business or profession

170 - Succession to business otherwise than on death

170A - Effect of order of tribunal or court in respect of business reorganisation

G - Partition

171 - Assessment after partition of a Hindu undivided family

H - Profits of non-residents from occasional shipping business

172 - Shipping business of non-residents

I - Recovery of tax in respect of non-residents

173 - Recovery of tax in respect of non-resident from his assets

J - Persons leaving India

174 - Assessment of persons leaving India

JA - Association of persons or body of individuals or atificial juridical person formed for a particular event or purpose

174A - Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose

K - Persons trying to alienate their assets

175 - Assessment of persons likely to transfer property to avoid tax

L - Discontinuance of business, or dissolution

176 - Discontinued business

177 - Association dissolved or business discontinued

178 - Company in liquidation

M - Private companies

179 - Liability of directors of private company in liquidation

N - Special provisions for certain kinds of income

180 - Royalties or copyright fees for literary or artistic work

180A - Consideration for know-how

XVII - Collection and recovery of tax

A. General

190 - Deduction at source and advance payment

191 - Direct payment

B. Dedcution at source

192 - Salary

192A - Payment of accumulated balance due to an employee

193 - Interest on securities

194 - Dividends

194A - Interest other than Interest on securities

194B - Winnings from lottery or crossword puzzle

194BA - Winnings from online games

194BB - Winnings from horse race

194C - Payments to contractors

194D - Insurance commission

194DA - Payment in respect of life insurance policy

194E - Payments to nonresident sportsmen or sports associations

194EE - Payments in respect of deposits under National Savings Scheme, etc

194G - Commission, etc., on sale of lottery tickets

194H - Commission or brokerage

194-I - Rent

194-IA - Payment on transfer of certain immovable property other than agricultural land

194-IB - Payment of rent by certain individuals or Hindu undivided family

194-IC - Payment under specified agreement

194J - Fees for professional or technical services

194K - Income in respect of units

194LA - Payment of compensation on acquisition of certain immovable property

194LB - Income by way of interest from infrastructure debt fund

194LBA - Certain income from units of a business trust

194LBB - Income in respect of units of investment fund

194LBC - Income in respect of investment in securitisation trust

194LC - Income by way of interest from Indian company

194LD - Income by way of interest on certain bonds and Government securities

194M - Payment of certain sums by certain individuals or Hindu undivided family

194N - Payment of certain amounts in cash

194-O - Payment of certain sums by e-commerce operator to e-commerce participant

194P - Deduction of tax in case of specified senior citizen

194Q - Deduction of tax at source on payment of certain sum for purchase of goods

194R - Deduction of tax on benefit or perquisite in respect of business or profession

194S - Payment on transfer of virtual digital asset

194T - Payments to partners of firms

195 - Other sums

195A - Income payable “net of tax”

196 - Interest or dividend or other sums payable to Government, Reserve Bank or certain corporations

196A - Income in respect of units of non-residents

196B - Income from units

196C - Income from foreign currency bonds or shares of Indian company

196D - Income of Foreign Institutional Investors from securities

197 - Certificate for deduction at lower rate

197A - No deduction to be made in certain cases

198 - Tax deducted is income received

199 - Credit for tax deducted

200 - Duty of person deducting tax

200A - Processing of statements of tax deducted at source

201 - Consequences of failure to deduct or pay

202 - Deduction only one mode of recovery

203 - Certificate for tax deducted

203A - Tax deduction and collection account number

204 - Meaning of “person responsible for paying

205 - Bar against direct demand on assessee

206 - Persons deducting tax to furnish prescribed returns

206A - Furnishing of statement in respect of payment of any income to residents without deduction of tax

206AA - Requirement to furnish Permanent Account Number

206AB - 

XIX-A - Settlement of cases

245A - Definitions

245AA - 

245B - Income-tax Settlement Commission

245BA - Jurisdiction and powers of Settlement Commission

245BB - Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

245BC - Power of Chairman to transfer cases from one Bench to another

245BD - Decision to be by majority

245C - Application for settlement of cases

245D - Procedure on receipt of an application under section 245C

245DD - Power of Settlement Commission to order provisional attachment to protect revenue

245E - Power of Settlement Commission to reopen completed proceedings

245F - Powers and procedure of Settlement Commission

245G - Inspection, etc., of reports

245H - Power of Settlement Commission to grant immunity from prosecution and penalty

245HA - Abatement of proceeding before Settlement Commission

245HAA - Credit for tax paid in case of abatement of proceedings

245-I - Order of settlement to be conclusive

245J - Recovery of sums due under order of settlement

245K - Bar on subsequent application for settlement

245L - Proceedings before Settlement Commission to be judicial proceedings

245M - 

XIX-AA - Dispute resolution committee in certain cases

245MA - 

XX - Appeals and revision

A. Appeals to the Joint Commissioner (Appeals)

246 - Appealable orders

246A - Appealable orders before Commissioner (Appeals)

248 - Appeal by a person denying liability to deduct tax in certain cases

249 - Form of appeal and limitation

250 - Procedure in appeal

251 - Powers of the Commissioner (Appeals)

B. Appeals to the Appellate Tribunal

252 - Appellate Tribunal

252A - Qualifications, terms and conditions of service of President, Vice-President and Member

253 - Appeals to the Appellate Tribunal

254 - Orders of Appellate Tribunal

255 - Procedure of Appellate Tribunal

C. Reference to High Court

256 - 

257 - Statement of case to Supreme Court in certain cases

258 - 

259 - 

260 - 

CC. Appeals to High Court

260A - Appeal to High Court

260B - Case before High Court to be heard by not less than two judges

D. Appeals to the Supreme Court

261 - Appeal to Supreme Court

262 - Hearing before Supreme Court

E. Revision by the Principal Commissioner or Commissioner

263 - Revision of orders prejudicial to revenue

264 - Revision of other orders

264A - 

264B -

F. General

265 - Tax to be paid notwithstanding reference, etc

266 - Execution for costs awarded by Supreme Court

267 - Amendment of assessment on appeal

268 - Exclusion of time taken for copy

268A - Filing of appeal or application for reference by income-tax authority

269 - Definition of High Court

XX-A - Acquisition of immovable properties in certain cases of transfer to conteract evasion of tax

269A - Definitions

269AB - Registration of certain transactions

269B - Competent authority

269C - Immovable property in respect of which proceedings for acquisition may be taken

269D - Preliminary notice

269E - Objections

269F - Hearing of objections

269H - Appeal to High Court

269-I - Vesting of property in Central Government

269J - Compensation

269K - Payment or deposit of compensation

269L - Assistance by Valuation Officers

269M - Powers of competent authority

269N - Rectification of mistakes

269-O - Appearance by authorised representative or registered valuer

269P - Statement to be furnished in respect of transfers of immovable property

269Q - Chapter not to apply to transfers to relatives

269R - Properties liable for acquisition under this Chapter not to be acquired under other laws

269RR - Chapter not to apply where transfer of immovable property made after a certain date

XX-C - Purchase by central government of immovable properties in certain cases of transfer

269U - Commencement of Chapter

269UA - Definitions

269UB - Appropriate authority

269UC - Restrictions on transfer of immovable property

269UD - Order by appropriate authority for purchase by Central Government of immovable property

269UE - Vesting of property in Central Government

269UF - Consideration for purchase of immovable property by Central Government

269UG - Payment or deposit of consideration

269UH - Re-vesting of property in the transferor on failure of payment or deposit of consideration

269UI - Powers of the appropriate authority

269UK - Restrictions on revocation or alteration of certain agreements for the transfer of immovable property or on transfer of certain immovable property

269UL - Restrictions on registration, etc., of documents in respect of transfer of immovable property

269UM - Immunity to transferor against claims of transferee for transfer

269UN - Order of appropriate authority to be final and conclusive

269UO - Chapter not to apply to certain transfers

269UP - Chapter not to apply where transfer of immovable property effected after certain date

XXI - Penalties imposable

270A - Penalty for undereporting and misreporting of income

270AA - Immunity from imposition of penalty, etc

271 - Failure to furnish returns, comply with notices, concealment of income, etc

271A - Failure to keep, maintain or retain books of account, documents, etc

271AA - Penalty for failure to keep and maintain information and document, etc., in respect of certain transactions

271AAA - Penalty where search has been initiated

271AAB - Penalty where search has been initiated

271AAC - Penalty in respect of certain income

271AAD - Penalty for false entry, etc. In books of account

271AAE - 

271B - Failure to get accounts audited

271BA - Penalty for failure to furnish report under section 92E

271BB - Failure to subscribe to the eligible issue of capital

271C - Penalty for failure to deduct tax at source

271CA - Penalty for failure to collect tax at source

271D - Penalty for failure to comply with the provisions of section 269SS

271DB - Penalty for failure to comply with provisions of section 269SU

271E - Penalty for failure to comply with the provisions of section 269T

271F - Penalty for failure to furnish return of income

271FA - Penalty for failure to furnish statement of financial transaction or reportable account

271FAA - Penalty for furnishing inaccurate statement of financial transaction or reportable account

271FAB - Penalty for failure to furnish statement or information or document by an eligible investment fund

271FB - Penalty for failure to furnish return of fringe benefits

271G - Penalty for failure to furnish information or document under section 92D

271GA - Penalty for failure to furnish information or document under section 285A

271GB - Penalty for failure to furnish report or for furnishing inaccurate report under section 286

271H - Penalty for failure to furnish statements, etc

271-I - Penalty for failure to furnish information or furnishing inaccurate information under section 195

271J - Penalty for furnishing incorrect information in reports or certificates

271K - Penalty for failure to furnish statements, etc

272A - Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc

272AA - Penalty for failure to comply with the provisions of section 133B

272B - Penalty for failure to comply with the provisions of section 139A

272BB - Penalty for failure to comply with the provisions of section 203A

272BBB - Penalty for failure to comply with the provisions of section 206CA

273 - False estimate of, or failure to pay, advance tax

273A - Power to reduce or waive penalty, etc., in certain cases

273AA - Power of Principal Commissioner or Commissioner to grant immunity from penalty

273B - Penalty not to be imposed in certain cases

274 - Procedure

​275 - Bar of limitation for imposing penalties

275A - Contravention of order made under sub-section (3) of section 132

275B - Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132

276 - Removal, concealment, transfer or delivery of property to thwart tax recovery

276A - Failure to comply with the provisions of sub-sections (1) and (3) of section 178

276AB - Failure to comply with the provisions of sections 269UC, 269UE and 269UL

276B - Failure to pay tax to the credit of Central Government under Chapter XIID or XVII-B

276BB - Failure to pay the tax collected at source

276C - Wilful attempt to evade tax, etc

276CC - Failure to furnish returns of income

276CCC - Failure to furnish return of income in search cases

276D - Failure to produce accounts and documents

277 - False statement in verification, etc

277A - Falsification of books of account or document, etc

278 - Abetment of false return, etc

278A - Punishment for second and subsequent offences

278AA - Punishment not to be imposed in certain cases

278AB - Power of Principal Commissioner or Commissioner to grant immunity from prosecution

278B - Offences by companies

278C - Offences by Hindu undivided families

278D - Presumption as to assets, books of account, etc., in certain cases

278E - Presumption as to culpable mental state

279 - Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner

279A - Certain offences to be non-cognizable

279B - Proof of entries in records or documents

280 - Disclosure of particulars by public servants

280A - Special Courts

280B - Offences triable by Special Court

280C - Trial of offences as summons case

280D - Application of Code of Criminal Procedure, 1973, to proceedings before Special Court

XXIII - Miscellaneous

281 - Certain transfers to be void

281A - Effect of failure to furnish information in respect of properties held benami

281B - Provisional attachment to protect revenue in certain cases

282 - Service of notice generally

282A - Authentication of notices and other documents

283 - Service of notice when family is disrupted or firm, etc., is dissolved

284 - Service of notice in the case of discontinued business

285 - Submission of statement by a non-resident having liaison office

285A - Furnishing of information or documents by an Indian concern in certain cases

285B - Submission of statements by producers of cinematograph films

285BA - Obligation to furnish statement of financial transaction or reportable account

285BB - Annual information statement

286 - Furnishing of report in respect of international group

287 - Publication of information respecting assessees

287A - Appearance by registered valuer in certain matters

288 - Appearance by authorised representative

288A - 

288B - Rounding off amount payable and refund due

290 - Indemnity

291 - Power to tender immunity from prosecution

292 - Cognizance of offences

292A - Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958, not to apply

292B - Return of income, etc., not to be invalid on certain grounds

292BB - Notice deemed to be valid in certain circumstances

292C - Presumption as to assets, books of account, etc

292CC - Authorisation and assessment in case of search or requisition

293 - Bar of suits in civil courts

293A - Power to make exemption, etc., in relation to participation in the business of prospecting for, extraction, etc., of mineral oils

293B - Power of Central Government or Board to condone delays in obtaining approval

293C - Power to withdraw approval

294 - Act to have effect pending legislative provision for charge of tax

294A - Power to make exemption, etc., in relation to certain Union territories

295 - Power to make rules

296 - Rules and certain notifications to be placed before Parliament

297 - Repeals and savings

298 - Power to remove difficulties

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