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India - Income Tax Act 2010 - Saarc

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1.95 CH. III - INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME S. 10(26AAA)43[(26A) any income accruing or arising to any person 44 [* * *] from any sourcein the district of Ladakh or outside <strong>India</strong> in any previous year relevantto any assessment year commencing before the 1st day of April,45[1989], where such person is resident in the said district in thatprevious year :Provided that this clause shall not apply in the case of any such personunless he was resident in that district in the previous year relevant tothe assessment year commencing on the 1st day of April, 1962.46[Explanation 1].—For the purposes of this clause, a person shall bedeemed to be resident in the district of Ladakh if he fulfils therequirements of sub-section (1) 47 or sub-section (2) or sub-section (3)or sub-section (4) of section 6, as the case may be, subject to themodifications that—(i) references in those sub-sections to <strong>India</strong> shall be construed asreferences to the said district; and(ii) in clause (i) of sub-section (3), reference to <strong>India</strong>n company shallbe construed as reference to a company formed and registeredunder any law for the time being in force in the State of Jammuand Kashmir and having its registered office in that district in thatyear.]48[Explanation 2.—In this clause, references to the district of Ladakhshall be construed as references to the areas comprised in the saiddistrict on the 30th day of June, 1979;](26AA) 49 [* * *]50[(26AAA) 51 in case of an individual, being a Sikkimese, any income whichaccrues or arises to him—(a) from any source in the State of Sikkim; or(b) by way of dividend or interest on securities:Provided that nothing contained in this clause shall apply to aSikkimese woman who, on or after the 1st day of April, 2008, marriesan individual who is not a Sikkimese.43. Inserted by the Finance (No. 2) <strong>Act</strong>, 1965, w.r.e.f. 1-4-1962.44. “(not being an individual who is in the service of Government)” omitted by the Finance(No. 2) <strong>Act</strong>, 1971, w.r.e.f. 1-4-1962.45. Substituted for “1986” by the Finance <strong>Act</strong>, 1985, w.e.f. 1-4-1985. Earlier “1986” wassubstituted for “1983” by the Finance <strong>Act</strong>, 1983, w.e.f. 1-4-1983, “1983” was substituted for“1980” by the Finance <strong>Act</strong>, 1980, w.e.f. 1-4-1980, “1980” was substituted for “1975” by theFinance (No. 2) <strong>Act</strong>, 1977, with retrospective effect from 1-4-1975 and “1975” wassubstituted for “1970” by the Finance (No. 2) <strong>Act</strong>, 1971, w.r.e.f. 1-4-1970.46. Existing Explanation renumbered as Explanation 1 by the Finance <strong>Act</strong>, 1983, w.r.e.f.1-4-1980.47. Should be read as clause (1), etc.48. Inserted by the Finance <strong>Act</strong>, 1983, w.r.e.f. 1-4-1980.49. Omitted by the Finance <strong>Act</strong>, 1997, w.e.f. 1-4-1998. Prior to its omission, clause (26AA) wasinserted by the Finance <strong>Act</strong>, 1989, w.e.f. 1-4-1990.50. Inserted by the Finance <strong>Act</strong>, 2008, w.r.e.f. 1-4-1990.51. See Instruction No. 8/2008, dated 29-7-2008. For details see <strong>Tax</strong>mann’s Master Guide to<strong>Income</strong>-tax <strong>Act</strong>.

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