(1) If immediately before the 1st day of April, 1950, there is in force in any Part B State other than Jammu and Kashmir or in Manipur, Tripura or Vindhya Pradesh or in the merged territory of Cooch-Behar any law relating to income-tax or super-tax or tax on profits of business, that law shall cease to have effect except for the purposes of the levy, assessment and collection of income-tax and super-tax in respect of any period not included in the previous year for the purposes of assessment under the Indian Income-tax Act, 1922 (11 of 1922), for the year ending on the 31st day of March, 1951, or for any subsequent year, or, as the case may be, the levy, assessment and collection of the tax on profits of business for any chargeable accounting period ending on or before the 31st day of March, 1949:
Provided that any reference in any such law to an officer, authority, tribunal or court shall be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted under the said Act, and if any question arises as to who such corresponding officer, authority, tribunal or court is, the decision of the Central Government thereon shall be final:
Provided further that where under any such law, tax is chargeable on the total income including agricultural income, the assessment shall be made by the corresponding officer or authority referred to in the preceding proviso only in respect of income other than agricultural income, and the tax payable on such income shall be an amount bearing to the total amount of tax which would have been payable under the State law if a combined assessment had been made, the same proportion as such income bears to the total income including the agricultural income, so however that for this purpose any reduction of tax allowed on the agricultural income by the State law shall not be taken into account.
(2) If immediately before the 1st day of April, 1950, there is in force in any State other than Jammu and Kashmir a law corresponding to, but other than an Act referred to in sub-section (1) or (2) of Section 11, such law is hereby repealed with effect from the said date; and if immediately before, the said date there is in force in the State of Jammu and Kashmir a law corresponding to the Indian Post Office Act, 1898 (6 of 1898), such law is hereby repealed with effect from the said date:
Provided that such repeal shall not affect (a) the previous operation of the corresponding law, or (b) any penalty, forfeiture or punishment ordered in respect of an offence committed against any such law, or (c) any investigation, legal proceeding or remedy in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
(See Section 2)
Part I
Rates of Income-tax
A. In the case of every individual, Hindu undivided family, unregistered firm and other association of persons, not being a case to which paragraph B or C of this Part applies
| |
|
Rate |
| 1. |
On the first Rs. 1,500 of total income . . . . . . |
Nil. |
| 2. |
On the next Rs. 3,500 of total income . . . . . . |
Nine pies in the rupee. |
| 3. |
On the next Rs. 5,000 of total income . . . . . . |
One anna and nine pies in the rupee. |
| 4. |
On the next Rs. 5,000 of total income . . . . . . |
Three annas in the rupee. |
| 5. |
On the balance of total income . . . . . . . . . |
Four annas in the rupee: |
Provided that
(i) no income-tax shall be payable on a total income which before deduction of the allowance, if any, for earned income, does not exceed the limit specified below;
(ii) the income-tax payable shall in no case exceed half the amount by which the total income (before deduction of the said allowance, if any, for earned income) exceeds the said limit;
(iii) the income-tax payable on the total income as reduced by the allowance for earned income shall not exceed either
(a) a sum bearing to half the amount by which the total income (before deduction of the allowance for earned income) exceeds the said limit the same proportion as such reduced total income bears to the unreduced total income, or
(b) the income-tax payable on the income so reduced at the rates herein specified,
whichever is less.
The limit referred to in the above proviso shall be
(i) Rs. 7,200 in the case of every Hindu undivided family which satisfies as at the end of the previous year either of the following conditions, namely:
(a) that it has at least two members entitled to 1[claim] partition who are not less than 18 years of age; or
(b) that it has at least two members entitled to 2[claim] on partition neither of whom is a lineal descendent of the other and both of whom are not lineally descended from any other living member of the family; and
(ii) Rs. 3,600 in every other case.
3[Explanation. For the purposes of this paragraph, in the case of every Hindu undivided family governed by the Mitakshara law, a son shall be deemed to be entitled to claim partition of the co-parcenary property against his father or grandfather, notwithstanding any custom to the contrary.]
B. In the case of every company
Rate
On the whole of total income. .Four annas in the rupee:
Provided that in the case of a company which, in respect of its profits liable to tax under the Income-tax Act for the year ending on the 31st day of March, 1951, has made the prescribed arrangements for the declaration and payment within the territory of India excluding the State of Jammu and Kashmir, of the dividends payable out of such profits, and has deducted super-tax from the dividends in accordance with the provisions of sub-section (3-D) or (3-E) of Section 18 of that Act
(i) where the total income, as reduced by six and a half annas in the rupee and by the amount, if any, exempt from income-tax, exceeds the amount of any dividends (including dividends payable at a fixed rate) declared in respect of the whole or part of the previous year for the assessment for the year ending on the 31st day of March, 1951, and no order has been made under sub-section (1) of Section 23-A of the Income-tax Act, a rebate shall be allowed, at the rate of one anna per rupee on the amount of such excess;
(ii) where the amount of dividends referred to in clause (i) above exceeds the total income as reduced by six and a half annas in the rupee and by the amount, if any, exempt from income-tax, there shall be charged on the total income an additional income-tax equal to the sum, if any, by which the aggregate amount of income-tax actually borne by such excess (hereinafter referred to as the excess dividend ) falls short of the amount calculated at the rate of five annas per rupee on the excess dividend.
For the purposes of the above proviso, the expression dividend shall have the meaning assigned to it in clause (6-A) of Section 2 of the Income-tax Act, but any distribution included in that expression, made during the year ending on the 31st day of March, 1951, shall be deemed to be a dividend declared in respect of the whole or part of the previous year.
For the purposes of clause (ii) of the above proviso, the aggregate amount of income-tax actually borne by the excess dividend shall be determined as follows:
(i) the excess dividend shall be deemed to be out of the whole or such portion of the undistributed profits of one or more years immediately preceding the previous year as would be just sufficient to cover the amount of the excess dividend and as have not likewise been taken into account to cover an excess dividend of a preceding year;
(ii) such portion of the excess dividend as is deemed to be out of the undistributed profits of each of the said years shall be deemed to have borne tax,
(a) If an order has been made under sub-section (1) of Section 23-A of the Income-tax Act, in respect of the undistributed profits of that year, at the rate of five annas in the rupee, and
(b) in respect of any other year, at the rate applicable to the total income of the company, for that year reduced by the rate at which rebate, if any, was allowed on the undistributed profits.
C. In the case of every local authority and in every case in which under the provisions of the Income-tax Act, income-tax is to be charged at the maximum rate
Rate
On the whole of total income. .Four annas in the rupee.
Part II
Rates of Super-tax
A. In the case of every individual, Hindu undivided family, unregistered firm and other association of persons, not being a case to which any other paragraph of this Part applies
| |
|
Rate |
| 1. |
On the first Rs. 25,000 of total income . . . . . |
Nil. |
| 2. |
On the next Rs. 15,000 of total income . . . . . |
Three annas in the rupee. |
| 3. |
On the next Rs. 15,000 of total income . . . . . |
Four annas in the rupee. |
| 4. |
On the next Rs. 15,000 of total income . . . . . |
Six annas in the rupee. |
| 5. |
On the next Rs. 15,000 of total income . . . . . |
Seven annas in the rupee. |
| 6. |
On the next Rs. 15,000 of total income . . . . . |
Seven and a half annas in the rupee. |
| 7. |
On the next Rs. 50,000 of total income . . . . . |
Eight annas in the rupee. |
| 8. |
On the balance of total income . . . . . . . . . |
Eight and a half annas in the rupee. |
B. In the case of every local authority:
Rate
On the whole of total income. .Two and a half annas in the rupee.
C. In the case of an association of persons being a co-operative society (other than the Sanikatta Saltowners' Society in the State of Bombay) for the time being registered under the Co-operative Societies Act, 1912 (2 of 1912) or under any law of a State governing the registration of co-operative societies
| |
|
Rate |
| 1. |
On the first Rs. 25,000 of total income . . . . . |
Nil. |
| 2. |
On the balance of total income . . . . . . . . . |
Two and a half annas in the rupee. |
D. In the case of every company:
Rate
On the whole of total income. .Four and a half annas in the rupee:
Provided that
(i) a rebate at the rate of three annas per rupee of the total income shall be allowed in the case of any company which
(a) in respect of its profits liable to tax under the Income-tax Act for the year ending on the 31st day of March, 1951, has made the prescribed arrangements for the declaration and payment in the territory of India excluding the State of Jammu and Kashmir of the dividend payable out of such profits and for the deduction of super-tax from dividends in accordance with the provisions of sub-section (3-D) or (3-E) of Section 18 of that Act, and
(b) is a public company with total income not exceeding Rs. 25,000;
(ii) a rebate at the rate of two annas per rupee of the total income shall be allowed in the case of any company which satisfies condition (a), but not condition (b), of the preceding clause; and
(iii) a rebate at the rate of one anna per rupee of the total income shall be allowed in the case of any company which, not being entitled to a rebate under either of the preceding clauses, is
(a) a public company whose shares were offered for sale in a recognised stock exchange at any time during the previous year, or
(b) a company all of whose shares were held at the end of the previous year by one or more such public companies as aforesaid:
Provided further that the super-tax payable by a company the total income of which exceeds Rs. 25,000 shall not exceed the aggregate of
(a) the super-tax which would have been payable by the company if its total income had been Rs. 25,000, and
(b) half the amount by which its total income exceeds Rs. 25,000.
Explanation. For the purposes of this paragraph of this Part, a company shall be deemed to be a public company only if it is neither a private company within the meaning of the Indian Companies Act, 1913 (7 of 1913), nor a company in which shares carrying more than fifty per cent of the total voting power were, at any time during the previous year, held or controlled by less than six persons.
(See Section 5)
Goods on which additional duty of customs is not leviable
A. Goods comprised in the following Items of the First Schedule to the Indian Tariff Act, 1934 (XXXII of 1934), namely:
2, 4, 4(1), 4(3), 4(4), 4(5), 7(1), 8(1), 8(2), 8(3), 8(4), 8(5), 9(3), 9(5), 9(6), 9(7), 11(4), 11(5), 12(6), 13(4), 13(8), 13(9), 15, 15(5), 15(9), 15(10), 15(11), 15(12), 16, 16(1), 16(3), 20(1), 20(2), 20(3), 20(4), 20(5), 20(6), 20(7), 20(8), 20(9), 21(3), 21(4), 21(5), 21(6), 21(7), 21(8), 21(9), 22(3), 22(5), 24, 24(1), 24(2), 24(3), 25(1), 27(1), 27(2), 27(3), 27(4), 27(5), 27(6), 27(9), 28, 28(8), 28(14), 28(15), 28(16), 28(17), 28(18), 28(19), 28(20), 28(21), 28(22), 28(23), 28(24), 28(25), 28(26), 28(27), 28(28), 28(29), 28(30), 29, 29(1), 30, 30(1), 30(2), 30(9), 30(10), 30(11), 30(12), 30(13), 31(4), 34(3), 40(4), 40(5), 40(6), 40(7), 43, 44, 44(1), 45, 45(3), 46(3), 49(c), 49(2), 51, 52(4), 53(2), 55, 55(1), 55(2), 55(3), 60, 60(2), 60(3), 60(4), 60(5), 60(6), 61(2), 61(3), 61(8), 61(9), 61(11), 62(1), 62(2), 63(14), 63(30), 63(31), 63(32), 63(33), 63(34), 63(35), 64, 64(3), 64(4), 65, 66, 66(1), 67, 67(1), 67(2), 68, 68(2), 69(2), 70, 70(1), 70(2), 70(3), 70(4), 70(5), 70(6), 70(9), 71(2), 71(3), 71(7), 71(8), 71(9), 71(10), 72, 72(1), 72(2), 72(3), 72(4), 72(5), 72(11), 72(12), 72(13), 72(14), 72(15), 72(16), 72(17), 72(18), 72(19), 72(20), 72(21), 72(22), 72(23), 72(24), 72(25), 72(26), 72(27), 72(28), 72(33), 73(2), 73(4), 73(7), 73(8), 73(9), 73(10), 73(11), 73(12), 73(13), 73(14), 73(15), 74(2), 74(4), 75, 75(1), 75(2), 75(3), 75(5), 75(6), 75(7), 75(8), 75(9), 75(10), 75(11), 77(2), 77(4), 77(5), 78, 78(1), 79, 82(1), 84, 84(1), 85(1).
B. Goods comprised in the following Items of the First Schedule to the Indian Tariff Act, 1934 (32 of 1934), when the Customs Collector is satisfied that such goods are the produce or manufacture of Burma, namely:
No. 7 (potatoes and onions only) and Nos. 9, 9(3), 13(2), 17 and 34(4)(a).
(See Section 10)
Schedule to be substituted for the First Schedule to the Indian Post Office Act, 1898 (VI of 1898)
THE FIRST SCHEDULE
Inland Postage Rates
(See Section 7)
Letters
For a weight not exceeding one tola . . . . . . . . . . . . . . . . Two annas.
For every tola, or fraction thereof, exceeding one tola . . . . . . . One anna.
Postcards
Single . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nine pies.
Reply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . One and a half annas.
Book, Pattern and Sample Packets
For the first five tolas or fraction thereof . . . . . . . . . . . . . . Nine pies.
For every additional two and a half tolas, or fraction thereof,
in excess of five tolas . . . . . . . . . . . . . . . . . . . . . Three pies.
Registered Newspapers
For a weight not exceeding ten tolas . . . . . . . . . . . . . . . . Three pies.
For a weight exceeding ten tolas and not exceeding twenty tolas . . Six pies.
For every twenty tolas, or fraction thereof, exceeding twenty tolas . Six pies
In the case of more than one copy of the same issue of a registered newspaper being carried in the same packet
For a weight not exceeding ten tolas . . . . . . . . . . . . . . . . Six pies.
For every additional five tolas, or fraction thereof,
in excess of ten tolas . . . . . . . . . . . . . . . . . . . . . . Three pies:
Provided that such packet shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post office.
Parcels
For a weight not exceeding forty tolas . . . . . . . . . . . . . . . Six annas.
For every forty tolas, or fraction thereof exceeding forty tolas . . . Six annas.
(See Section 11)
Amendments of Central Acts
I. The Sea Customs Act, 1878 (VIII of 1878).
(1) Throughout the Act, for the words the States wherever they occur, the word India shall be substituted.
(2) In Section 1, for the words and letter Part B States , the words the State of Jammu and Kashmir shall be substituted.
(3) In Section 3,
(a) for clause (e), the following clauses shall be substituted, namely:
(e) foreign port means any place not within the territory of India;
(ee) India means the territory of India excluding the State of Jammu and Kashmir; and
(b) clause (k) shall be omitted.
(4) After Section 3, the following section shall be inserted, namely:
3-A. Power to define customs frontiers. The Central Government may, by notification in the Official Gazette, define the customs frontiers of India.
(5) In Section 18,
(a) for the word States wherever it occurs, the word India , shall be substituted; and
(b) for clauses (f), (i) and (j), the following clauses shall, respectively, be substituted, namely:
(f) piece-goods manufactured outside India, such as are ordinarily sold by length or by the piece, if each piece has not been conspicuously marked
(i) with the name of the manufacturer, exported or wholesale purchaser in India, of the goods, and
(ii) with the real length of the piece in standard yards, inscribed in the international form of numerals;
(i) cotton yarn manufactured outside India, such as is ordinarily imported in bundles, if each bundle containing such yarn has not been conspicuously marked
(i) with the name of the manufacturer, exporter, or wholesale purchaser in India, of the goods, and
(ii) with an indication of the weight and the count of the yarn contained in it, in accordance with the rules made under Section 20 of the Indian Merchandise Marks Act, 1889;
(j) cotton sewing, darning, crochet or handicraft thread manufactured outside India, if each of the units in which the thread is supplied has not been conspicuously marked
(i) with the name of the manufacturer, exporter, or wholesale purchaser in India, of the goods, and
(ii) with the length or weight of the thread contained in it and in such other manner as is required by the rules made under Section 20 of the Indian Merchandise Marks Act, 1889.
II. The Land Customs Act, 1924 (XIX of 1924).
(1) In sub-section (2) of Section 1, for the words and letter Part B States the words the State of Jammu and Kashmir shall be substituted.
(2) In clause (e) of Section 2, for the words and letters the territories comprised within Part A States and Part C States the word India shall be substituted.
(3) In sub-section (2) of Section 7, for the words and letters Part A States and Part C States , the word India shall be substituted.
(4) In the Schedule, for the word and figure Sections 4 , the word, figures and letter Sections 3-A, 4 shall be substituted.
III. The Indian Tariff Act, 1934 (XXXII of 1934).
(1) In sub-section (2) of Section 1, for the words and letter Part B States the words the State of Jammu and Kashmir shall be substituted.
(2) In sub-section (4) of Section 2, Section 5 and Section 6, for the words and letters a Part A State or a Part C State wherever they occur, the word India shall be substituted.
(3) In Section 5, sub-section (1) of Section 9 and the First Schedule, for the words and letters, Part A States and Part C States the word India shall be substituted.
(4) In Section 8, for the words the States the word India shall be substituted.
(5) In the First Schedule, Item No. 12(1) shall be omitted.
IV. The Central Excises and Salt Act, 1944 (I of 1944).
(1) Throughout the Act, for the words the States wherever they occur, the word India shall be substituted.
(2) In sub-section (2) of Section 1, for the words and letter Part B States the words the State of Jammu and Kashmir shall be substituted.
(3) In Section 2,
(a) after clause (e), the following clause shall be inserted, namely:
(ee) India means the territory of India excluding the State of Jammu and Kashmir; and
(b) clause (jj) shall be omitted.
(4) In Section 5, for the words and letter the territory of a Part B State the words the State of Jammu and Kashmir shall be substituted.
(5) In clause (iii) of sub-section (2) of Section 37, for the words and letter any specified Part B State the words the State of Jammu and Kashmir shall be substituted.
V. The Indian Post Office Act, 1898 (VI of 1898).
(1) Throughout the Act, for the words the States wherever they occur, the word, India shall be substituted.
(2) The following shall be omitted, namely:
(a) in sub-section (2) of Section 1, the words and letter except Part B States ;
(b) clause (1) of Section 2;
(c) in sub-section (1) of Section 36 and in sub-section (1) of Section 46, the words Indian State corresponding to a and the words and letter Part B State ; and
(d) Section 57.