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India - Income Tax Act 2010 - Saarc

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1.355 CH. V - INCOME OF OTHER PERSONS, INCLUDED IN ASSESSEE’S INCOME S. 62Provided that nothing contained in this sub-section shall apply in computing theincome of an assessee, being the owner of horses maintained by him for runningin horse races, from the activity of owning and maintaining such horses.Explanation.—For the purposes of this sub-section, “horse race” means a horserace upon which wagering or betting may be lawfully made.]Profits chargeable to tax.59. (1) The provisions of sub-section (1) of section 41 shall apply, so far as maybe, in computing the income of an assessee under section 56, as they applyin computing the income of an assessee under the head “Profits and gains ofbusiness or profession”.(2) 64 [***](3) 65 [***]66[***]CHAPTER VINCOME OF OTHER PERSONS, INCLUDED IN ASSESSEE’STOTAL INCOMETransfer of income where there is no transfer of assets.6760. All income arising to any person by virtue of a transfer 68 whetherrevocable or not and whether effected before or after the commencementof this <strong>Act</strong> shall, where there is no transfer of the assets from which the incomearises, be chargeable to income-tax as the income of the transferor and shall beincluded in his total income.Revocable transfer of assets.61. All income arising to any person by virtue of a revocable transfer 68 ofassets shall be chargeable to income-tax as the income of the transferor andshall be included in his total income.Transfer irrevocable for a specified period.6962. (1) The provisions of section 61 shall not apply to any income arising toany person by virtue of a transfer—(i) by way of trust which is not revocable during the lifetime of thebeneficiary, and, in the case of any other transfer, which is notrevocable during the lifetime of the transferee ; or64. Omitted by the <strong>Tax</strong>ation Laws (Amendment & Miscellaneous Provisions) <strong>Act</strong>, 1986, w.e.f.1-4-1988.65. Omitted, ibid. Prior to its omission, sub-section (3) was inserted by the <strong>Tax</strong>ation Laws(Amendment) <strong>Act</strong>, 1970, w.e.f. 1-4-1971.66. Omitted by the <strong>Tax</strong>ation Laws (Amendment & Miscellaneous Provisions) <strong>Act</strong>, 1986, w.e.f.1-4-1988.67. For relevant case laws, see <strong>Tax</strong>mann’s Master Guide to <strong>Income</strong>-tax <strong>Act</strong>.68. For the meaning of term/expression “transfer”, see <strong>Tax</strong>mann’s Direct <strong>Tax</strong>es Manual,Vol. 3.69. For relevant case laws, see <strong>Tax</strong>mann’s Master Guide to <strong>Income</strong>-tax <strong>Act</strong>.

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