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India - Income Tax Act 2010 - Saarc

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S. 115R I.T. ACT, 1961 1.576When company is deemed to be in default.115Q. If any principal officer of a domestic company and the company does notpay tax on distributed profits in accordance with the provisions ofsection 115-O, then, he or it shall be deemed to be an assessee in default in respectof the amount of tax payable by him or it and all the provisions of this <strong>Act</strong> for thecollection and recovery of income-tax shall apply.Explanation.—For the purposes of this Chapter, the expression “dividends” shallhave the same meaning as is given to “dividend” in clause (22) of section 2 butshall not include sub-clause (e) thereof.]20[CHAPTER XII-ESPECIAL PROVISIONS RELATING TO TAX ONDISTRIBUTED INCOME<strong>Tax</strong> on distributed income to unit holders.115R. (1) Notwithstanding anything contained in any other provisions ofthis <strong>Act</strong> and section 32 of the Unit Trust of <strong>India</strong> <strong>Act</strong>, 1963 (52 of 1963),21[any amount of income distributed on or before the 31st day of March, 2002 bythe Unit Trust of <strong>India</strong> to its unit holders] shall be chargeable to tax and the UnitTrust of <strong>India</strong> shall be liable to pay additional income-tax on such distributedincome at the rate of 22 [ten] per cent :Provided that nothing contained in this sub-section shall apply in respect of anyincome distributed to a unit holder of open-ended equity oriented funds inrespect of any distribution made from such fund for a period of three yearscommencing from the 1st day of April, 1999.23[(2) Notwithstanding anything contained in any other provision of this <strong>Act</strong>, anyamount of income distributed by the specified company or a Mutual Fund to itsunit holders shall be chargeable to tax and such specified company or Mutual20. Chapter XII-E, consisting of sections 115R to 115T, inserted by the Finance <strong>Act</strong>, 1999, w.e.f.1-6-1999.21. Substituted for “any amount of income distributed by the Unit Trust of <strong>India</strong> to its unitholders”by the Finance <strong>Act</strong>, 2002, w.e.f. 1-4-2003.22. Substituted for “twenty” by the Finance <strong>Act</strong>, 2001, w.e.f. 1-6-2001. Earlier “twenty” wassubstituted for “ten” by the Finance <strong>Act</strong>, 2000, w.e.f. 1-6-2000.23. Substituted by the Finance <strong>Act</strong>, 2003, w.e.f. 1-4-2003. Prior to its substitution, sub-section(2), as amended by the Finance <strong>Act</strong>, 2002, w.e.f. 1-4-2003, the Finance <strong>Act</strong>, 2001, w.e.f.1-6-2001 and the Finance <strong>Act</strong>, 2000, w.e.f. 1-6-2000, read as under :“(2) Notwithstanding anything contained in any other provisions of this <strong>Act</strong>, any amountof income distributed on or before the 31st day of March, 2002 by a Mutual Fund to itsunit-holders shall be chargeable to tax and such Mutual Fund shall be liable to payadditional income-tax at the rate of ten per cent :Provided that nothing contained in this sub-section shall apply in respect of any incomedistributed to a unit holder of open-ended equity oriented funds in respect of anydistribution made from such fund for a period of three years commencing from the 1stday of April, 1999.”

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