| [Repealed by Act 1 of 1944, S. 39 and Schedule III] |
| (Made by the Governor General on this 28th November, 1931.) |
An Act to supplement the Indian Finance Act, 1931, and to extend the operation of its temporary provisions.
Whereas it is expedient to supplement the Indian Finance Act, 1931, and to extend the operation of its temporary provisions to the financial year beginning on the 1st April, 1932; It is hereby enacted as follows:-
1. Short title:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 1 read as:
_______________________________________________________________________
1. Short title.- This Act may be called The Indian Finance (Supplementary and Extending) Act, 1931.
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
2. Extension to the next financial year of the operation of the temporary provisions of the Indian Finance Act, 1931:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 2 read as:
_______________________________________________________________________
2. Extension to the next financial year of the operation of the temporary provisions of the Indian Finance Act, 1931.- The operation of section 2 of the Indian Finance Act, 1931, fixing the rate of salt duty for the year beginning on the 1st April, 1931, of section 5 of the said Act and the Third Schedule thereto as amended by section 6 of this Act, fixing inland postage rates for the said year, and of section 7 of the said Act and the Fourth Schedule thereto as amended by sections 7, 8 and 9 of this Act, fixing rates of income-tax and super-tax for the said year, is hereby extended to the 31st day of March, 1933.
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
1[3. (1) Amendment of the Second Schedule to the Indian Tariff Act, 1894, and the Indian Finance Act, 1931.- 2[* * *].
1 This section came into effect on 30th September, 1931, by virtue of a declaration inserted in the Bill under the Provisional Collection of Taxes Act, 1931 (XVI of 1931).
2 Section 3 and 4 repealed by Act 32 of 1934, S. 13 and Sch. III.
1[4. Additional customs duties.- 2[* * *]].
1 This section came into effect on 30th September, 1931, by virtue of a declaration inserted in the Bill under the Provisional Collection Taxes Act, 1931 (XVI of 1931).
2 Section 3 and 4 repealed by Act 32 of 1934, S. 13 and Sch. III.
5. Additional excise and other duties:- 2[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 5 read as:
_______________________________________________________________________
1[5. Additional excise and other duties.- Where any salt, motor spirit, kerosene or silver chargeable with duty under the Indian Salt Act, 1882 (XII of 1882), or under the Motor Spirit (Duties) Act, 1917 (II of 1917), or under the Indian Finance Act, 1922 (XII of 1922), or under the Silver (Excise Duty) Act, 1930 (XVIII of 1930), or under any of the said Acts read with any other enactment or with any notification of the Governor General in Council for the time being in force, is assessed to duty, there shall be levied and collected, as an addition to and in the same manner as the total amount so chargeable, a sum equal to one quarter of such total amount.]
1 This section came into effect on 30th September, 1931, by virtue of a declaration inserted in the Bill under the Provisional Collection Taxes Act, 1931 (XVI of 1931).
2 Repealed by Act 1 of 1944, S. 39 and Schedule III.
6. Increase of certain inland postage rates:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 6 read as:
_______________________________________________________________________
6. Increase of certain inland postage rates.- In section 6 of the Indian Finance Act, 1931, the following proviso shall be added, namely:-
"Provided that from a date to be appointed in this behalf by the Governor General in Council, by notification in the Gazette of India, each rate specified in the said Schedule in respect of letters and single postcards shall be increased by one quarter of an anna and the rate specified in respect of reply postcards shall be increased by half an anna."
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
7. Lowering of limits of total income liable to Income-tax:- 2[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 7 read as:
_______________________________________________________________________
7. Lowering of limits of total income liable to Income-tax.- (1) In Part I of Schedule IV to the Indian Finance Apt, 1931, for the item-
"When the total income is less than Rs. 2,000……Nil."
the following shall be substituted, namely:-
| "When the total income is Rs. 1,000 or upwards but is less than Rs. 2,000…. | Four pies in the rupee.": |
Provided that for the year beginning on the 1st day of April, 1931, the rate chargeable on any such total income shall be two pies in the rupee only.
(2) For the purpose of assessing and collecting the tax imposed by the proviso to sub-section (1),-
(a) the Indian Income-tax Act, 1922 (XI of 1922), shall be deemed to be subject to the adaptations set out in Part I of Schedule II to this Act, and
(b) the Central Board of Revenue may make rules-
(i) making such further adaptations in the Indian Income-tax Act, 1922 (XI of 1922), as may seem to it to be necessary to secure that the tax shall be equitably levied, and
(ii) regulating the procedure of income-tax authorities in securing the assessment and collection of the tax and the granting of refunds arising therefrom.
1[(3) For the purpose of assessing and collecting the taxes imposed by sub-section (1), the Indian Income-tax Act, 1922 (XI of 1922), shall be deemed to be subject to the adaptation set out in Part IA of Schedule II to this Act.]
1 Ins. by Act 4 of 1932, S. 2.
2 Repealed by Act 1 of 1944, S. 39 and Schedule III.
8. Additional income-tax and super-tax for the current financial year:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 8 read as:
_______________________________________________________________________
8. Additional income-tax and super-tax for the current financial year.- (1) In respect of the year beginning on the 1st day of April, 1931, each rate of income-tax and super-tax specified in Schedule IV to the Indian Finance Act, 1931, excluding the rate imposed by section 7, shall be increased by one eighth of its amount.
(2) For the purpose of assessing and collecting the additional tax imposed by sub-section (1),-
(a) the Indian Income-tax Act, 1922 (XI of 1922), shall be deemed to be subject to the adaptations set out in Part II of Schedule II to this Act, and
(b) the Central Board of Revenue may make rules-
(i) making such further adaptations in the Indian Income-tax Act, 1922 (XI of 1922), as may seem to it to be necessary to secure that the additional tax shall be equitably levied, and
(ii) regulating the procedure of income-tax authorities in securing the assessment and collection of the tax and the granting of refunds arising therefrom.
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
9. Additional income-tax and super-tax for the next financial year:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 9 read as:
_______________________________________________________________________
9. Additional income-tax and super-tax for the next financial year.- In respect of the year beginning on the 1st day of April, 1932, each rate of income-tax and super-tax specified in Schedule IV to the Indian Finance Act, 1931, excluding the rate imposed by section 7, shall be increased by one fourth of its amount.
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
10. Amendment of section 19, Act X of 1923:- 1[* * *]
_______________________________________________________________________
Prior to repeal by Act 1 of 1944, Section 10 read as:
_______________________________________________________________________
10. Amendment of section 19, Act X of 1923.- In sub-section (7) of section 19 of the Indian Paper Currency Act, 1923 (X of 1923), for the figures "1932" the figures "1933" shall be substituted.
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
Schedule 1
Schedule I
1[* * *]
_______________________________________________________________________
Prior to repeal by Act 32 of 1934, Schedule read as:
_______________________________________________________________________
Schedule I
(See section 3.)
Part I.
Amendments to be made in Schedule II of the Indian Tariff Act, 1894.
1. Item No. T shall be deleted.
2. In Part I, the heading "DYES AND COLOURS" and Item No. 14C shall be omitted.
3. In Part I, the heading "MACHINERY", and Items Nos. 18A, 18B, 18C and 18D shall be omitted.
4. In Item No. 27A, for the figures "1 4" in the last column the words "One rupee" shall be substituted.
5. In Item No. 34,-
(a) in sub-item (1), for the figures "23" the figure "8" shall be substituted;
(b) sub-item (2) shall be omitted; and
(c) sub-items (3) and (4) shall be re-numbered as sub-items (2) and (3).
6. After Item No. 41, and under the general head "II.-Raw Materials and produce and articles mainly unmanufactured", the following heading and item shall be inserted, namely:-
"TEXTILE MATERIALS.
| 41A | Cotton, raw.. | Pound… | Six pies." |
7. In Part II, under the general head "III.-Articles wholly or mainly manufactured", the following heading and item shall be inserted, namely:-
"APPAREL.
| 41B | Boots and Shoes | Ad valorem. | 20 per cent or 4 annas per pair, whichever is higher," |
8. In Item No. 430, for the figures "7½" in the last column, the figures "12½" shall be substituted.
9. In Item No. 45A, after the word "silk", wherever it occurs, the words "or artificial silk" shall be inserted.
9A. In Item No. 46D, for the figure "5", the figure "8" shall be substituted.
10. In Part IV, under the general head "III.-Articles wholly or mainly manufactured", the following heading and item shall be inserted, namely:-
"DYES AND COLOURS.
| 58A | Dyes derived from coal-tar, and coal-tar derivatives, used in any dyeing process." |
11. After Item No. 59, the following heading and items shall be inserted, namely:-
"MACHINERY.
| 59A | Machinery, namely, such of the following articles as are not otherwise specified:- (1) prime-movers, boilers, locomotive engines and tenders for the same, portable engines (including power-driven road rollers, fire engines and tractors), and other machines in which the prime-mover is not separable from the operative parts; (2) machines and sets of machines to be worked by electric, steam, water, fire or other power, not being manual or animal labour, or which before being brought into use require to be fixed with reference to other moving parts; (3) apparatus and appliances, not to be operated by manual or animal labour, which are designed for use in an industrial system as parts indispensable for its operation and have been given for that purpose some special shape or quality which would not be essential for their use for; any other purpose; (4) control gear, self-acting or otherwise, and transmission-gear designed for use with any machinery above specified, including belting of all materials (other than cotton, hair and canvas ply) and driving chains, but excluding driving ropes not made of cotton; (5) bare hard-drawn electrolytic copper wires and cables and other electrical wires and cables, insulated or not and poles, troughs, conduits and insulators designed as parts of a transmission system, and the fittings thereof. Note.-The term ‘industrial system’ used in sub-clause (3) means an installation designed to be employed directly in the performance of any process or series of processes necessary for the manufacture, production or extraction of any commodity. |
| 59B | The following Textile Machinery and Apparatus by whatever power operated, namely, healds, heald cords and he aid knitting needles; reeds and shuttles; warp and weft preparation machinery and looms; bobbins and pirns; dobbies; Jacquard machines; Jacquard harness linen cards; Jacquard cards; punching plates for Jacquard cards; warping mills; multiples box sleys; solid border sleys; tape sleys; swivel slevs; tape looms; wool carding machines; wool spinning machines; hosiery machinery; coirmat shearing machines; coir fibre willowing machines; heald knitting machines; dobby cards; lattices and lags for dobbies; wooden winders; silk looms; silk throwing and reeling machines; cotton yarn reeling machines; sizing machines; doubling machines; silk twisting machines; cone winding machines; piano card cutting machines; harness building frames; card lacing frames; drawing and denting hooks; sewing thread balls making machines; cumbli finishing machinery; hank boilers; cotton carding find spinning machines; mail eyes, lingoes, comber boards and comber board frames; take-up motions; temples and pickers: picking, bands; picking sticks; printing machines; roller clotn; clearer cloth; sizing fiannei; and roller skins. |
| 59C | Printing and Lithographic Material, namely, presses, lithographic plates, composing sticks, chases, imposing tables, lithographic stones, stereo-blocks, wood blocks, half-tone blocks, electrotype blocks, process blocks and highly polished copper or zinc sheets specially prepared for making process blocks, roller moulds, roller frames and stocks, roller composition, lithographic nap rollers, standing screw and not presses, perforating machines, gold blocking presses, galley presses, proof presses, arming presses, copper plate printing presses, tolling presses, ruling machines, ruling pen making machines, lead cutters, rule cutters, slug cutters, type casting machines, type setting and casting machines, paper in rolls with side perforations to be used after further perforation for typecasting, rule bending machines, rule mitreing machines, bronzing machines, stereotyping apparatus paper folding machines, paging machines and clarified liquid glue but excluding ink ana paper. |
| 59D | Component Parts of Machinery, as defined in Nos. 59A, 59B and 59C, namely, such parte only as are essential for the working of the machine or apparatus and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose: Provided that articles which do not satisfy this condition shall also be deemed to be component parts of the machine to which they belong if they are essential to its operation and are imported with it in such quantities as may appear to the Collector of Customs to be reasonable." |
12. In Item No. 85,-
(a) the words "boots and shoes" shall be omitted;
(b) after the words "silk mixtures" the words "or of artificial silk or artificial silk mixtures, and boots and shoes" shall be added.
13. In Item No. 100, after the word "silk", wherever it occurs, except in the seventh sub-item, the words "or artificial silk" shall be inserted.
14. In Item No. 100A, after the word "silk", wherever it occurs, the words "or artificial silk" shall be inserted.
15. After Item No. 126, the following heading and item shall be inserted, namely:-
"CHEMICAL DRUGS AND MEDICINES.
| 127 | Camphor." |
16. After Item No., 128, the following item shall be inserted, namely:-
| "28A | Electric Bulbs." |
17. In Item No. 133, after the word "silk", wherever it occurs, the words "or artificial silk" shall be inserted.
Part II.
Amendment to be made in Schedule II to the Indian Finance Act, 1931.
In the entry relating to "Part IV, Nos. 58 to 64 inclusive", for the words in the second column the following shall be substituted, namely:-
"All articles for the time being included in Part IV of the Second Schedule, except-
(1) Dyes and Colours comprised in Item No. 68A, and
(2) Machinery, comprised in Items Nos. 69A, 59B, 690 and 59D."
1 Repealed by Act 1 of 1944, S. 39 and Schedule III.
Schedule 2
Schedule II
2[* * *]
_______________________________________________________________________
Prior to repeal by Act 32 of 1934, Schedule read as:
_______________________________________________________________________
Schedule II
Adaptations of the Indian Income-tax Act, 1922.
Part I.
(See section 7.)
Adaptations for the assessment and collection of income-tax in the current financial year on total incomes of Rs. 1,000 and upward and less than Rs. 2,000.
1. For the purposes of the proviso to sub-section (2) of section 18 of the Indian Income-tax Act, 1922, any person responsible for paying any income less than Rs. 2,000 chargeable under the head "Salaries" shall be deemed to have failed to deduct income-tax at the time of making all payments made before the commencement of this Act, and such person may make the adjustments permitted by that proviso.
2. Notwithstanding that the Income-tax Officer has assessed the total income of an assessee under section 23 of the Indian Income-tax Act, 1922, and has found that nothing is payable thereon, he may proceed to determine the sum payable by such assessee by virtue of section 7 of this Act, and such sum shall, for the purposes of the Indian Income-tax Act, 1922, be deemed to be a sum determined under section 23 of that Act.
1["PART IA.
(See section 7.)
Adaptations to provide for the summary assessment of such incomes.
1. The Income-tax Officer may, save where he has served a notice under sub-section (2) of section 22 of the Indian Income-tax Act, 1922, make a summary assessment of the income of an assessee to the best of his judgment, and shall serve on the assessee a notice of, demand in a form to be prescribed by the Central Board of Revenue; and such notice shall be deemed to be a notice of demand under section 29 of that Act.
2. Any assessee in respect of whom such summary assessment has been, made may, within thirty days of receipt of the notice of demand, make an application to the Income-tax Officer for the cancellation or revision of the assessment, and the Income-tax Officer shall, after examining any accounts and documents and fearing any evidence which the assessee may produce and such other evidence as the Income-tax Officer may require, determine, by order in writing the amount of the tax, if any, payable by the assessee, and such determination shall be final:
Provided that, if any assessee making such application files therewith a return of his income under sub-section (2) of section 22 of the Indian Income-tax Act, 1922, the application shall be deemed to be a return under that sub-section and shall be dealt with accordingly.
3. A copy of an order under paragraph 2 shall be served on the assessee to whom it relates and shall be deemed to be a notice of demand under section 29 of the Indian Income-tax Act, 1922.
4. The above procedure shall, apply also to the assessment and collection during the financial year 1932-1933 of incomes of Rs. 1,000 and upward and less than Rs. 2,000 which have escaped assessment in the financial year 1931-1932."]
Part II.
(See section 8.)
Adaptations for the assessment and collection of additional income-tax and super-tax in the current financial yew.
1. For the purposes of the proviso to sub-section (2) of section 18 of the Indian Income-tax Act, 1922, any person responsible for paying any income chargeable under the head "Salaries" shall be deemed to have made a deficient deduction in respect of the additional income-tax imposed by section 8 of this Act at the time of making all payments made before the commencement of this Act, and such person may make the adjustments permitted by that proviso.
2. Notwithstanding that the Income-tax Officer has assessed the total income of an assessee and has determined the sum payable thereon under section 23 of the Indian Income-tax Act, 1922, he may proceed to determine the further sum payable by such assessee by virtue of section 8 of this Act, and such further sum shall, for the purposes of the Indian Income-tax Act, 1922, be deemed to be a sum determined under section 23 of that Act.
1 Ins. by 4 of 1932, S. 3.
2 Repealed by Act 1 of 1944, S. 39 and Schedule III.