™ Remstered No. A 12 हक एफ दर यश सहन कवर हरे सारा ऊ सनक ASSAM GAZETTE 5 A1 Y g EHTRAORDINARY €. ¢ T Tty v ey PUBLISHED RY AUTHORITY नह 62 निगनद, करवाब 6, एम 1994, 16 g, 1916 (wa) MNe. 62 Dispar. Friday, 6th May, 1894, 16th Vaisakha, अभी, By vt GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATION ~The 6th May, 1994 No. LGL. 174/93/65. ~The following Act of the Assam Legislative Assembly which received the assent of the Governor s hepsby published for- general informatioa.
760 THE ASSAM GAZETTE, EXTRAORDINARY, MA 6, 1994 ASSAM ACT NO XXVIII OF 1994 (Received the assent of the Governor on 5th May, 1994) THE ASSAM AGRICULTURAL INCOME TAX (FIRST AMENDMENT) ACT, 1994 AN ACT further to amend the Assam Agricultural ‘,fi—i Income Tax Act, 1939. - e Whereas it is expedient further to Asam A g Tax X ef 1939 amend the Assam Agricultural Income Tax ‘ Act, 1939, hereinafter referred to as the prin- ctpal Act, in the manner hereinafter appea- ring ; It is hereby enacted in the Forty-fifth Year of the Republic of India as follows :— e 1..(1) This Act 'may be called the commence- Assam Agricultural Income Tax (Tirst ment. Amendment) Act, 1994. ~ (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. e 2. In the principal Act, in Section 7 7 of Asam 10 clause (m), for the existing provision, the पद - following shall be substituted, namely :— “(m) any sum actually donated for charitable purposes if such donation in aggregate is not 'more than Rs. 5 lakh or ten percentum of total agricultural income, whichever is less, provided that such sum is actuaily spent for such purposes in the State of Assam.” Amendmen 3. In the principal Act, in Section 8, et (1) in sub-section (2), in clause (g), for fagx of the existing provision, the following shall be : substituted, namely :—
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 761 “(g):any sum actually donated for chari- table: purposes, if such ‘denation is aotl more than Rs. 5 lakh or ten percentumn of the total ~agricultural income whichever is less, provided that such sumt is actually spent for such purpeses in the State.” (2) In the principat Act, after sub- section (2) of Section 8, the following new sub- section as sub-section (3) and sub-seciion (व) shall be inserted namely — o “(3) In determining the net agricultu- ral income, such percentage of total agri- cultural income of the assessee as may be notified by the State Government frem time to time and deposited with the Assam Financial Corporation before furnishing the return of his income in an account (herein- after referred to as the Plantation Develop- ment “Account) maintained by ‘the assessee with the Assam Financial Corporation for atilisation for the purposes specified below in clauses (a) to(e) of this sub-section, shall be allowed as deduction to the assesseefrom the 'agricultural income provided the “same has not already been allowed as deduction under any of the provisions of “the ‘Indian Income Tax Act, 1961 : 4C3motfmf951A.Ct Provided further that where such asse- ssee is a firm, or any association of'per- sons or any body of individuals, the dedu- ction under sub-section shall not be allowed in the computation of the income of any partner, or as the case may be, any member of such firm, association of ipersons or body of individuals : Provided further that il any withdrawal from the deposit is not utilised for the pur- pose for which it is sanctioned, it shall be treated as agricultural income of the year of the withdrawal and assessed accordingly.
164 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 6, 1994 (a) Extension of planting, replan- ung, 1_\,}")‘%*0‘0111011-‘, rejuvenglion or consolidaticn of areas of plantations or interplanting of planted areas including prepara- tion of land, care and - mainte- nance -of such areas and - provi- sion of nurseries and shade trees; {(b) extension of factories and go- downs; (¢} purchase of tractors, trailers power tiller hower trollies for the purpose of expansion of plan- दिए (d) purchase of spraying equipment for weed control and plant pro- tection measures e) measures for controlling floods soil erosion and water logging including drainage (4) Any amount as may be notified in thisybehalf by the State Government inves- ted for setting up of industries other than tea plantation and manufacturing within the State of Assam. 4 mendmen 4. In the principal Act, for the exis- Shnene, . ting Schedule, the following shall be substi- uted SCHEDULE [/8ee section 2 (a), 3 and 6] A. Ivn the case of every company-— (8) The total income of : Fifty two paise which does not exceed in the Rupee. Rs. 1,00,000.00 onx the whole of total incusiic.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 763 (b) The total income of : Sixty paise in . which exceeds Rs. 1,00, the Rupee. 2 000.00 on the whole of total income. B. In the case of persons other than companies— (8) On the first Rs. 1000 : Nil of the total income. (b) On the next Rs.5000 : Ten paise in of the total income the Rupee. (c) On the next Rs.5000 : Fifteen paise in of the total income the Rupee. (d) On the next . Thirty paise in Rs. 10,000 of the . the Rupee. total income. (€) On the next Rs.25,000 : Forty five paise of the total income. in the Rupee. (f). On the balance of : Sixty paise in the total income. the Rupee. Provided that— > (i) No agricultural income tax shall be payable on total agricultural income which does not exceed Rs. 12,000 in case of assessees other than companies : (ii) In respect of paragraph A, the re- sidual income shall not fall short of the following limit, and in any case where the residual income falls short of the said limit, the agricultural income tax payable shall be so reduced as to have a residual not fall- ing short of such limit.
~ 764 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 19, Repeal and Saving. (@) Rupees forty-eight thousand increased by one percent of the excess of the total agricultural in- come which exceeds Rs. 1,00,000. EXPLANATION :— In the clause * residual income” ता relation to any company means the total agricultural income reduced by the agri- cultural income tax payable i~ respect thereof. (i11) In respect of paragraph B, the agri- cultural incomie tax payable shall not exceed onec half the amount by which the total agricultural income exceeds Rs. 12,000 in ‘cases where the total agricultural income does not exceed Rs. 17,000. 5.(1) The Assam Agricultural Income Tax (amendment) Ordinance, 1994 is hereby repealed. (2) Notwithstanding such repeal, any- thing done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corres- ponding provisions of this Act, as if this Act had come into force on the date the said Ordinance came into force. K. LASKAR, Asam Or dinance TIJ of 1994. Secretary to the Government of Assam, Legislative Department. GUWAHATI—Printed & Published by the Dy. Director (P) Directorate of Ptg. & Sty., Assam, Guwabati-21 {Ex-Gazette) No, |23- 5 1,005-400, 6-5-94.